A man in Xiantao, Hubei Province, was convicted of throwing garbage from a high altitude.
As a result, he "lost" his life.
Recently, Xiantao Court.
A case of a dispute over the right to life was concluded in accordance with the law.
Case review
In May 2023, Zhao contracted the renovation project of his house on the sixth floor of a community in Xiantao to Qian who had no decoration qualifications. Qian found Sun because he needed to clean up the decoration garbage, and agreed that Sun would remove the construction waste in the room and discard it downstairs with a reward of 200 yuan. In the process of cleaning operations, in order to save handling time, Sun repeatedly threw the bagged construction waste directly from the window opening of the unglazed balcony of the house. Qian, who was present, did not stop it.
However, while throwing the last bag of garbage, the unexpected happened. Sun accidentally fell to the ground with construction waste due to the loss of his center of gravity. Subsequently, Sun was sent to the hospital for treatment, and finally died due to ineffective rescue. After the accident, because Zhao and Qian both refused to compensate, Sun's relatives filed a lawsuit, requesting the court to sentence Zhao and Qian to compensate for various economic losses totaling more than 80 yuan in accordance with the law.
After trial, the Xiantao Court held that there were two main points of dispute in this case:
1.Is the legal relationship between Sun and Qian an employment relationship or a contract relationship?
Main Differences Between Employment Relationship and Contracting Relationship:
1.Status is not the same as personal affiliation. In an employment relationship, the employee accepts the instructions, orders and control of the employer, and there is a certain personal subordination relationship with the employer. In the contract relationship, the customizer and the contractor are in an equal legal position, and there is no domination and obedience relationship.
2.Whether one party designates a workplace, provides labor tools or equipment, and limits working hours. In an employment relationship, the employer generally designates a workplace for the employee, provides labor tools or equipment, and limits the working hours. In a contracting relationship, the contractor uses the tools and skills he or she has to complete the work independently.
3.Whether it is a regular payment or a lump sum payment. In the employment relationship, remuneration is generally paid on a regular basis and has a certain periodicity;In a contract relationship, remuneration is generally settled in a lump sum.
4.The purpose of the contract is different. An employment contract is for the direct provision of services, while a contract for contracting is for the delivery of a work product.
5.Responsibilities are different. In the employment relationship, if the employee suffers damage due to the provision of services, the employee shall be liable according to the fault of both parties. In the contract relationship, if the contractor causes its own damage in the process of completing the work, the contractor shall not be liable for compensation, but if the contractor is negligent in the ordering, instruction or selection, it shall bear the corresponding liability for compensation.
In this case, Sun was responsible for cleaning up the construction waste in the renovated house, and the result of his work was to transfer the construction waste in the house to the first floor, and Qian paid a one-time remuneration according to the agreed amount.
2.The issue of whether Zhao, Qian, and Sun were at fault for Sun's death and the proportion of responsibility.
Article 1193 of the Civil Code stipulates that "if the contractor causes damage to a third party or its own damage in the process of completing the work, the contractor shall not be liable for compensation." However, if the person making the order is at fault for the ordering, instruction or selection, he shall bear the corresponding responsibility. ”
In this case, Mr. Sun undertook the cleaning and transportation business of housing construction waste, which did not require the contractor to have professional skills and corresponding qualifications, and Mr. Sun had been engaged in the corresponding labor work for a long time, so he should be aware of the personal safety risks of high-altitude throwing objects, and Mr. Sun violated the mandatory provisions of the law when carrying out the operation, resulting in the accident, and should bear the main responsibility for this case in accordance with the law.
Qian accepted Sun's contract to clean up construction waste, did not install glass on the aluminum alloy frame of the balcony where Sun worked, did not install warning signs and protective devices, and did not stop Sun's illegal operations, and had the fault of customization and instructions, and should bear secondary responsibility.
Zhao accepted Qian's contract to decorate the house, Qian did not have the qualification for house decoration, and Zhao was at fault for the customization and selection, and should bear secondary responsibility.
Combined with the legal relationship between Sun, Qian, and Zhao in this case, and the size of the fault of the conductThe Xiantao Court determined at its discretion that the liability ratio between Sun, Qian, and Zhao was 89%:6%:5%.
Eventually,The Xiantao Court ruled that Zhao and Qian should compensate Sun's relatives for a total of more than 100,000 yuan. After the judgment, both parties accepted the judgment and dismissed the lawsuit, and now the judgment has taken legal effect.
Judge reminds
Throwing objects from high altitudes is an act expressly prohibited by law, and the offender must not only bear the corresponding civil liability, but also bear criminal liability if it constitutes a crime. Whether in the process of life or production operations, we should consciously improve our legal awareness and resolutely put an end to high-altitude throwing behavior. In daily life, we should pay attention to the placement of balcony items, develop civilized living Xi habits, and avoid unnecessary harm to the life, health and property safety of ourselves or others due to our own behavior.