Is the caregiver responsible for the elderly man s own fall?

It depends on the circumstances under which the person is injured, if the person is incapable of taking care of himself, the fall injury in the state of care of the nurse is not well taken care of by the nurse, and the nurse should be responsible for compensation. If the person has some self-care ability, and the person wants to do something that cannot be done, it is still the responsibility of the caregiver to call the caregiver to deal with it and the caregiver does not deal with it in time. If the person has the ability to take care of himself completely, if the person falls and is injured by himself through no fault of the nurse, the person is responsible for it.

In addition, it depends on what kind of contract you have signed with the caregiver, if the contract clearly stipulates that the elderly person falls and is injured by the caregiver, the caregiver will bear the responsibility.

If the elderly fall down by themselves, the caregiver is of course also responsible, because the caregiver is supposed to take care of the elderly's daily life, if the old man falls down by himself, then the caregiver does not play the role of guardianship, responsibility, of course, also responsible.

The old man fell down on his own, and the caregiver was irresponsible. Because it is impossible for a caregiver to keep an eye on the elderly 24 hours a day. Caregivers have to do other things too.

Some elderly people are disobedient and fall down on their own, and they can only suffer the consequences themselves. There is no law that stipulates that caregivers are responsible for the fall of an elderly person.

This depends on whether the caregiver has taken care of the elderly in accordance with the agreement, and if the caregiver does not fulfill his responsibilities and causes the elderly to fall and be injured, the caregiver should bear the responsibility for the caretaker's negligence. If the elderly person moves privately and does not notify the caregiver, then the caregiver is not responsible.

Collect evidence that the nursing home has fulfilled its safety and security obligations, and is not liable for compensation.

Tort Liability Law of the People's Republic of China

Article 37: Where managers of public places such as hotels, shopping malls, banks, stations, or entertainment venues, or organizers of mass events, fail to fulfill their obligations to ensure safety and cause harm to others, they shall bear tort liability.

Where damage to others is caused by the conduct of a third party, the third party shall bear tort liability; If the manager or organizer fails to fulfill the security obligations, they shall bear the corresponding supplementary responsibilities.

If there is a contract, it will be easier to do, because the agreement or contract will generally stipulate the responsibilities of the nurse, if it is just ordinary nursing, such as serving tea and water, etc., the elderly accidentally fall down in independent action, and the nurse does not need to bear too much responsibility, but if the agreement or contract stipulates that the nurse needs to take care of the elderly throughout the process, and then the old man falls, that is, the care is not effective, and the responsibility of care is not fulfilled, and it is necessary to be responsible.

If the elderly fall down on their own, the caregiver must be responsible, because the caregiver has the responsibility and obligation to take care of the elderly.

The caregiver is responsible for the elderly who fall down by themselves, and if the caregiver service is not in place, and the elderly fall due to improper care, the caregiver is the responsibility of caring for the elderly, and he is responsible for letting the elderly fall.

That is also responsible, from the time the caregiver signs the contract with the elderly, they are the employment relationship, the caregiver is the guardian of the elderly, even if the elderly fall down themselves, the caregiver is also responsible.

The caregiver has a duty to ensure the safety of the person being cared for, and is indeed responsible, unless you can prove that you are not at fault, and that you have fulfilled your duty of care and protection, but it was caused by an accident or the elderly person himself intentionally.

At least there is responsibility for the untimely guardianship! Caregiver Caregiver! What is protected is the food, clothing and housing of the elderly!

However, if the specific situation is analyzed and solved, if the matter cannot be negotiated, then go to the court to sue and make a judgment in a fair, just and open way! Whoever has more responsibility and who has less responsibility, who is responsible and who is not responsible, just obey the court's decision.

should be responsible, because the caregiver is to take care of the elderly, so the elderly fall, the caregiver is responsible

The responsibility of the caregiver is to take care of the life of the elderly, and if the elderly fall, the caregiver is a dereliction of duty, not that the elderly can escape responsibility if they fall by themselves.

The duty of the caregiver is to take care of the elderly, and if the elderly fall down on their own, it means that the caregiver has not fulfilled his responsibilities, therefore, the caregiver is responsible.

If the elderly fall down by themselves, if it is a nurse, I think the nurse should also bear a certain responsibility, because the purpose of the nurse is mainly to take care of the elderly, at least to assist the elderly.

If a person is injured by a fall, the person who falls shall bear tort liability and compensate for medical expenses and nursing expenses.

Reasonable expenses such as transportation expenses for ** and **, as well as loss of income due to lost work. If the disability is caused, compensation shall also be made for the cost of disability living aids and disability compensation.

The caregiver should not be responsible for the elderly man's own fall, because the caregiver is not the one who cares for you.

If the elderly person is in a nursing home, the elderly person himself falls and the caregiver is responsible.

Nurses, nurses are nursing jobs, so if the elderly fall, the warehouse workers still have to bear some responsibility.

The old man fell down by himself, and the caregiver was responsible, of course, he had to be responsible for this situation.

Is the caregiver responsible for the elderly man's own fall? Then I think the old man fell down by himself, and the harem is also responsible, and the nurse who takes care of you is to take care of the elderly.

Let me ask this question, is the old man responsible for falling down and attacking each other? I think the elderly themselves fall down and the caregiver is responsible.

If the elderly fall in the nursing home, maybe the caregiver has some responsibility, because the people living in the nursing home belong to the elderly who need someone to take care of the elderly? So no one is disabled to help the elderly to be fallen, maybe the caregiver is responsible?

Not necessarily, it has to be analyzed on a case-by-case basis, first of all, to see whether there is improper management.

It's hard to say, but if you want to be specific, you may blame the caregiver for not taking care of it.

Legal analysis: Both the perpetrator and the victim are not at fault, but since the fact of damage has already occurred, the concept of social fairness is used as the standard for damages, and according to the actual situation, the two parties are to fairly share the responsibility for the loss.

Legal basis: Article 1186 of the Civil Code of the People's Republic of China: Where neither the victim nor the perpetrator is at fault for the occurrence of the harm, the losses are to be shared by both parties in accordance with the provisions of the law.

Legal analysis: the cause of action can be determined according to the specific circumstances, how the contract between the housekeeping company and you stipulates the relevant matters, and if the caregiver fails to perform the contractual obligations, you can claim liquidated damages; or if the elderly are damaged due to the fault of the caregiver, you can claim tort damages. Case-by-case analysis.

Legal basis: Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases Article 11 Where an employee suffers personal injury in the course of employment activities, the employer shall be liable for compensation. If a third party outside the employment relationship causes personal injury to an employee, the person entitled to compensation may request the third party to bear the liability for compensation, and may also request the employer to bear the liability for compensation.

After the employer bears the liability for compensation, it can recover from a third party. If an employee suffers personal injury due to a work safety accident in the course of employment activities, and the employer or subcontractor knows or should know that the employer receiving the contract or subcontract business does not have the corresponding qualifications or conditions for safe production, it shall be jointly and severally liable with the employer for compensation.

If the person is unable to take care of himself, the fall injury in the state of nursing care is the caretaker's inadequacy, and the caregiver should be responsible for compensation. If the person concerned has some self-care ability, it is still the responsibility of the caregiver to ask the caregiver to deal with the things that the caregiver wants to do and cannot do it. If the party has the ability to take care of himself completely, if the person falls and is injured in the case of a non-caregiver who is at fault, the party is responsible for it.

Article 577 of the Civil Code of the People's Republic of China [Liability for breach of contract] If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.