Do you know that if you don't know this, you will probably have to pay hundreds of thousands?Grandma Guo in Tianjin encountered such a situation!
Before the Spring Festival in 2023, Grandma Guo asked her relative Lao Zhang to help her find a housekeeper to clean the glass, and Lao Zhang contacted Xiao Zhao, a housekeeping worker he was familiar with, and Xiao Zhao introduced Xiao Liu, a housekeeping worker, to clean the glass for Grandma Guo's house.
Unexpectedly, when Xiao Liu was working, he accidentally fell to his death from the window on the second floor of Grandma Guo's house.
After the incident, Xiao Liu's family sued Xiao Zhao, Lao Zhang, and Grandma Guo in court, demanding compensation for death compensation, funeral expenses, mental injury solace, and alimony totaling more than one million. This request was opposed by 3 people!Lao Zhang felt that he didn't know the deceased Xiao Liu at all, and he was introduced by Xiao Zhao, so it had nothing to do with it. Xiao Zhao thinks that he only introduced the work, and has not taken any benefit fees from it, and has no responsibility. Grandma Guo said that the windows of her house originally had guardrails, but Xiao Liu removed the guardrails herself, and she also reminded Guo Xiaoliu many times that it was "dangerous" to wipe the glass and "dry slowly", but Xiao Liu did not listen to the persuasion, and it was because he was careless that he fell down. Therefore, there should be no responsibility.
So, how did the court decide?After trial, the Tianjin Xiqing Court held that Zhang and Zhao introduced the work of cleaning glass for the deceased Liu, but only provided service information and did not make any profit from it, and Liu's work and income completely depended on him, and there was no employment relationship between them. Therefore, there is no need to take responsibility for Liu's death. Xiao Liu and Grandma Guo, as the provider and receiver of the glass cleaning service, negotiated the remuneration, and the two parties constituted a personal labor relationship. According to Article 1192 of the Civil Code, "if the party providing labor services suffers damage due to labor services, it shall bear corresponding liability according to the respective faults of both parties." ”
So, were the deceased Xiao Liu and Grandma Guo at fault?What are the specific faults?The court held that there was evidence that Liu had been engaged in housekeeping services for more than half a year, and his professional level and knowledge of safety and security in cleaning glass were stronger than that of Grandma Guo. Grandma Guo is nearly 80 years old and lives alone, judging from the inquest records and other evidence, the possibility of the guardrail being taken down by Grandma Guo is basically non-existent, and it is more likely to be temporarily taken down by Liu. Removing the guardrail is a laissez-faire to one's own danger. In the case that the task can be completed in a safe way, Xiao Liu's gullibility can avoid danger, and he is at fault and should be held responsible.
Therefore, the court held that the plaintiff was 90% liable and Grandma Guo was 10% liable. The relevant report did not disclose the amount of compensation finally determined by the court, if according to the plaintiff's claim of more than one million, Grandma Guo needs to compensate more than 100,000 yuan! Why should Grandma Guo bear 10% of the responsibility? The court decision did not explain in detail.
So, I'm here to remind everyone, safety first and foremost, whether you are a domestic helper or an employer, make sure you are safe and avoid taking risks. Second, try to purchase services through a regular domestic service company, and agree that "if personal injury occurs or damage to a third party occurs at work, the domestic service company shall bear the responsibility". Reasonably avoid their own legal risks through the agreement of the contract. Do you have any other good advice on this? Please leave a message in the comment area to exchange ......
I'm Tao Chun, your legal counselor.