Case review. Due to the blockage of the sewer pipe at home, Qin contacted Yang through the ** provided in the installation and maintenance "small advertisement". The next day, Yang used his own equipment for maintenance, and his left hand was scratched by a saw blade due to careless operation. Qin then accompanied Yang to the hospital**. After being discharged from the hospital, Yang unsuccessfully claimed compensation from Qin, so he sued him to the court, demanding that Qin pay a total of 1 for medical treatment, nursing, lost work and other expenses according to the 70% liability ratio70,000 yuan. Qin believes that the fault is not his own and should not be held responsible.
Case analysis. According to Article 1193 of the Civil Code of the People's Republic of China, if the contractor causes damage to a third party or its own damage in the process of completing the work, the contractor shall not bear tort liability. However, if the person making the order is at fault for the ordering, instruction or selection, he shall bear the corresponding responsibility. The contractor is the first person responsible for its own safety, and must fulfill the duty of prudent safety care during constructionThe customizer also has a certain duty of care in terms of customization, instruction and selection, such as conducting a preliminary review of the relevant qualifications and professional abilities of the maintenance personnel, and providing them with a safe construction environment.
In this case, Yang completed the work and delivered the results as required after receiving the task from the customizer, so as to receive remuneration, and the two parties established a contractual relationship. As a contractor, Yang failed to fulfill his due duty of care for safety and safety, and he should bear most of the responsibilityQin, as the customizer, was also negligent in failing to review Yang's qualifications at the time of selection. Through the interpretation of the law by the undertaking judge, the two parties voluntarily reached a mediation agreement, and Qin was willing to compensate Yang 1,100 yuan.
Judge reminds. The contractor is the first person responsible for its own safety, and the construction should keep safety firstCustomizers should also pay attention to the fact that the selection review should not be taken lightly.
Be cautious about small things and avoid big disputes.
*: Henan Legal News reporter Ma Jiangang correspondent Zhang Chuanxin.