-
The landlord is not liable for compensation!!
The scope of the landlord's liability is: the landlord needs to bear the liability for compensation if the tenant is injured due to the original facilities in the floor. Injuries that are not caused by the original facilities inside the house shall be borne by the person who actually caused the damage.
Pulling yellow sand on the balcony, because the pulley support is not firm, caused by the fall, which has nothing to do with the original facilities inside the house. Therefore, the landlord is not liable for any compensation. If you use the water heater or electrical appliances provided by the landlord to cause injury, the landlord will be liable.
If the water heaters and appliances are installed by the tenant, the landlord will not be held responsible. In a nutshell: the landlord is responsible for the consequences of what is provided by the landlord, and the provider is responsible for the consequences if it is not provided by the landlord.
It's not that the landlord is responsible for any accident that a tenant has in the rental house. Many people have not figured this out.
There was a case in the past: a tenant, because the glass on the balcony was broken, he bought a piece of glass for himself, but never changed it, put it on the balcony, and as a result, the wind blew the glass downstairs and hit the head of a person who was overseeded, causing serious injuries. The Court's Decision:
The tenant is fully liable for compensation. The landlord is not responsible.
-
What is the relationship between the deceased and the landlord? In the case of a simple relationship between the tenant and the lessor, if the simple electric pulley is not provided by the landlord, then the landlord is not liable for compensation. If the deceased was a helper or had an employment relationship with the landlord, the landlord should be liable for compensation.
-
Whether the landlord needs to bear the liability for compensation should be analyzed in detail:
In the first case, the deceased belongs to a company and the landlord has signed a contract with the company, in which case, if the landlord is not grossly at fault, there is no need to compensate;
In the second case, the deceased and the landlord form a personal labor relationship, and the landlord is liable according to the degree of fault (for example, the use of pulleys is the landlord's proposal or the pulley landlord is fixed, etc.), and if the landlord is not at fault at all, the court will also award the landlord appropriate compensation.
-
It is necessary to bear part of the responsibility, and it is specifically recommended to negotiate a solution.
-
The court will decide on the basis of the principle of fault liability, that is, whether the landlord is at fault in the incident.
If the death is caused by the gross fault of the landlord, the landlord needs to be held liable, and the compensation will be determined according to the standard of living in Shanghai.
If the landlord is not at fault, but the worker himself makes a mistake or other reasons to cause the death, the landlord is not responsible. Among them, if the worker belongs to a certain company, the death of the worker is a work-related injury, and the company unit bears full responsibility. If the worker is only an individual and does not have a company, then the courts in our country will generally require the landlord to compensate for some expenses, which are not mandated by law, but only for moral assistance.
The amount of the fee will be determined according to the family situation of both parties.
-
Article 57 of the Public Security Administration Punishment Law of the People's Republic of China.
If the house lessor rents the house to a person who does not have an identity document to live in, or fails to register the name of the tenant and the type and number of the identity document in accordance with the regulations, he shall be fined not less than 200 yuan but not more than 500 yuan.
Where the lessor clearly knows that the tenant is using the rented house to carry out criminal activities, but does not report it to the public security organs, a fine of between 200 and 500 RMB is to be imposed; where the circumstances are serious, they are to be detained for up to 5 days and may be concurrently fined up to 500 RMB.
Claim process introduction: Accident report (call the national unified report**) -- prepare application materials and claim -- insurance company acceptance -- insurance company review -- notify the compensation conclusion -- pay the claim. There are still a lot of materials to prepare for life insurance claims. >>>More
The man had been married twice and unfortunately passed away due to a car accident. However, the insurance he purchased before his death was purchased during his marriage to his first wife, and the beneficiary was his ex-wife, so he naturally benefited. After marrying their second wife, they jointly owed a certain amount of foreign debtNow that the man has died, the current one will naturally have to pay off the debt. >>>More
Personally, I think of course it's not worth it, because no matter what kind of thing it is, it's not as important as your own life, but these Internet celebrities don't think so, they think that only fire is the most important, only the topic is the most important, so it's not surprising that this situation occurs.
First of all, we need to clarify a concept, what is an accident? An accident in law refers to the occurrence of an accident or injury, and the occurrence of loss has nothing to do with the subjective will of the person. >>>More
Your father died unexpectedly, you are a nephew, if you can take a leave of absence, it is best to go back to send the last ride, you really can't take a leave, you have to get the money back.