Aunt Wang, a part-time worker, went to Grandma Zhang's house to clean up, climbed on the windowsill to clean the glass, and accidentally fell to her death. The aunt's family sued Grandma Zhang's family to the court and claimed 1 million. Grandma Zhang shouted injustice, and the court finally decided!
1. Review of the case
Grandma Zhang and Grandpa Liu are a retired couple who have a son who works abroad and rarely returns to China. Usually, two elderly people live in a two-bedroom apartment that they bought. Grandma Zhang and Grandpa Liu's pensions are not low, and the two elderly people not only go to parks and riverbanks every day, but also often participate in domestic tours with groups.
The hygiene of the home is cleaned by part-time workers. Aunt Wang, a part-time worker, is a hard-working woman, and in order to make ends meet, she is a 50-year-old person and still works as a part-time worker. Cleaning at someone's house every day requires frequent window cleaning.
On this day, she came to Grandma Zhang's house to do hygiene, and the New Year is coming soon, and her workload is greater than usual. Not only should you clean the corners and corners of your home, but you should also wash the curtains and wipe the glass.
She saw that the outside of the glass was very dirty, and she couldn't reach it with a rag in her hand, so she had to climb onto the windowsill and step on the burglar-proof window to scrub. Grandma Zhang was frightened when she saw it, and immediately called her aunt to come down, saying that it was not safe to stand on the anti-theft window and wipe the glass like this.
The aunt said it was okay, but I didn't expect that after a while, the anti-theft window suddenly fell off, and the aunt fell from the 7th floor with the anti-theft window, and the aunt died on the spot.
Auntie's wife, Master Yang, was working at the construction site, and Auntie's family was very sad and angry when she fell to her death. Master Yang claimed 1 million yuan from Grandma Zhang and Grandpa Liu, saying that Grandma Zhang's family neglected the safety of her aunt climbing on the windowsill to clean the glass, and did not provide safety ropes and safety belts for her aunt. There are no safety measures in place to prevent accidents from happening. has an unshirkable responsibility for the fall of the aunt.
Grandma Zhang also said that she was very wronged, not that she asked her aunt to climb up to the windowsill to clean the glass, she saw her aunt climb on the windowsill, frightened, and immediately called her aunt down, but she didn't expect to say it for a while, and the aunt fell along with the entire anti-theft window.
So from a legal point of view, how do you view the claims of the aunt's family?
2. Case analysis
In accordance with the relevant legal provisions:An employment relationship is formed between the parties. If an employee suffers personal injury in the course of employment activities, the employer shall be liable for compensation.
In this case, Grandma Zhang called Aunt Wang to come to her door to clean up, Grandma Zhang and Aunt Wang formed an employment relationship, and Aunt Wang fell to her death in the process of cleaning the glass at Grandma Zhang's house, and Grandma Zhang's family should be liable for compensation.
In addition, Article 1173 of the Civil Code stipulates that if the infringed party is at fault for the occurrence or expansion of the damage, the liability of the infringer may be reduced.
As an actor with full civil capacity, Aunt Wang should know that climbing on the windowsill and stepping on the anti-theft window is a very dangerous behavior, and her own lack of safety awareness is the main reason for the tragedy. She also bears some responsibility for the accident.
In the end, the court ruled that Grandma Zhang's family should bear 70% of the compensation liability for the aunt's death, and compensate the aunt's family with 700,000 yuan.
What this story tells us:
When looking for a housekeeper to provide door-to-door service, you should find a qualified housekeeping service company and sign a contract with the housekeeping service company. The advantage of this is that the door-to-door service personnel are assigned by the domestic service company, and in case the service personnel go wrong while doing their work, the domestic service company will take responsibility, and the employer will not be liable.
The second is that the personnel of the housekeeping company are professionally trained, and they also have supporting professional tools, so they do not need to climb on the windowsill, so that they can handle the cleaning work even indoors and outdoors, which can avoid the risk of working at height.