-
There is a certain risk that you are the organizer. From your account, you are actually the organizer of the climb. Someone suggested that they wanted to travel, and you asked in the group who wanted to travel together, so several colleagues replied that they would.
This sentence is coherent, and you may not think of it as an organizer, but in fact as an organizer.
Are you, as the organizer, liable for the death of your companion?
Tort Law.
The Civil Code provides....Where the organizers of mass activities fail to fulfill their obligations to ensure safety and cause harm to others, they shall bear tort liability.
So do you"Fulfill the safety and security obligations"?If the obligation of security is fulfilled, there is no infringement and no compensation is required.
What are these security obligations?
Do you know the disease status of your peers, and some diseases are not suitable for strenuous activities in mountain climbing.
I don't know how many men drank the night before the tour, but I know afterwards. Is it related to the fact that the companion was dizzy from climbing the mountain and foaming at the mouth related to the previous day's drinking? Does the companion drink alcohol?
Have anyone else been persuaded to drink? How much alcohol do you drink, and how much alcohol do you drink? If anyone persuades a companion to drink, causing the companion to be overwhelmed by alcohol, and the next day is still dizzy, and the dizziness of the alcohol does not go down, this drinker, Zhang Luo drinker, has a certain responsibility, more or less compensation.
Climbing a mountain is not a flat land, which consumes a lot of physical strength and increases the burden on the heart. If the blood supply to the heart is insufficient, the brain will be deprived of oxygen, causing dizziness.
Foaming at the mouth, his life was in danger. I happened to meet the help of a mountain climbing doctor, but there was no way to return to heaven, I still stopped breathing, my heart stopped beating, my brain died, and I died.
1. In the death of a companion, other climbers who climb the mountain together shall not be held responsible.
2. Except where the co-climber has intentional or gross negligence in relation to the death of his companion. Is there any intentionality, is there gross negligence? If there is, there is responsibility, and if there is none, there is no responsibility.
3. Whether the organizer has fulfilled its security obligations. There is no responsibility for it, and there is no responsibility for it. The companion has a history of hypertension and heart disease in the past, and the responsibility is at his/her own risk. The organizer will not be liable for compensation even if it fails to fulfill its security obligations. It can be humanitarian to the families of companions. Condolences.
-
In the area of outdoor activities, self-organization is not clearly stipulated in China's law. At present, China has not established a system and legal provisions related to outdoor activities, and there is no mechanism for determining responsibility in the event of a personal injury accident. However, China's law stipulates that the "exemption clause" for causing personal injury to the other party is invalid, and liability must be distinguished.
So you don't need compensation.
-
I don't think there's any responsibility, because the other person is an adult, and going to climb a mountain with you is tantamount to acquiescing that she knows the danger that may occur.
-
This is an act of friendship, which is not subject to responsibility, and can be appropriately compensated for the other party out of morality.
-
Summary. Referring to Article 14 of the Regulations on Work-related Injury Insurance, an employee shall be deemed to have suffered a work-related injury if he or she has any of the following circumstances:
1) Being injured in an accident during working hours and in the workplace due to work-related reasons; (2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours; (3) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing work duties; (4) Suffering from an occupational disease; (5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident; (6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible while commuting to or from work.
Hello, dear, no, it is not a work-related injury caused by illness on the way to and from work.
Therefore, there is no liability for compensation.
Referring to Article 14 of the Regulations on Work-related Injury Insurance, an employee shall be deemed to have suffered a work-related injury if he or she has any of the following circumstances: (1) he or she is injured in an accident due to work-related reasons during working hours and in He Liang's workplace; (2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours; (3) Suffering from violence or other accidental injuries due to the performance of work duties during work or in the workplace; (4) Suffering from an occupational disease; (5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident; (6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible while commuting to or from work.
-
Legal analysis: This situation is regarded as a work-related injury and can enjoy work-related death benefits.
Legal basis: Article 15 of the Regulations on Work-related Injury Insurance An employee who has one of the following circumstances shall be deemed to have suffered a work-related injury:
1) Died of a sudden illness during working hours and at work, or died within 48 hours after rescue efforts failed;
2) Suffering harm in emergency rescue and disaster relief or other activities to preserve national or public interests;
3) Employees who previously served in the army, were disabled due to injuries sustained in war or in the line of duty, and have obtained the certificate of disabled revolutionary servicemen, and were injured after arriving at the employer.
Where employees have any of the circumstances in items (1) or (2) of the preceding paragraph, they shall enjoy work-related injury insurance benefits in accordance with the relevant provisions of these Regulations; Employees who have the circumstances in item (3) of the preceding paragraph shall be entitled to work-related injury insurance hail protection benefits in accordance with the relevant provisions of these Regulations, except for the one-time disability subsidy.
Our situation is similar, in case of emergency, my first reaction is the two words "calm", I was not used to it at first, and then I got used to it after slowly practicing, because after calming down, I will not let my brain mess up, and I can come up with good countermeasures when I calm down, no matter what, I must force myself to calm down, practice slowly, and be sure to persevere! >>>More
Because he will disguise himself!! You should study more!! And such a person has something to do.
If it's a work problem, then you say that let's study the following together, maybe I'm negligent. If it's life, you can easily make a joke. >>>More
When there is a conflict, it is necessary to be tolerant so that there are often some bumps and bumps between colleagues, and if they are not properly dealt with in time, a big conflict will be formed. As the saying goes, it is better to settle a grievance than to settle it. When there is a conflict with a colleague, you should take the initiative to tolerate it, find the reason from yourself, think more about others, and avoid the intensification of the conflict. >>>More
In the workplace, if we do make some mistakes at work.
Colleagues have accused us, we can correct our attitude and apologize to each other, but if some colleagues are purely cynical and gloating, then we should not be afraid of conflict with colleagues this time, we should go back, especially for the blame of others, do not explain, what you have to do is attack. <> >>>More