Workers take off their seat belts and fall off a building

Netizen “Liangcai” thinks that the injury caused by the worker’s falling from a building has nothing to do with the employer. He said: “the employer has repeatedly reminded him that he has done his utmost. He still goes his own way, that is to say, he has suffered for himself. Besides, Liu Feng has paid more than 500000 yuan for the medical expenses of the injured Liu you.” Netizen “youYou xiaopang” said: “in any case, Liu you fell in the construction site, Liu Feng as a manager, should be responsible.”

[answer] after mediation by relevant personnel of Huangpi Judicial Bureau, Liu Feng paid Liu you another 100000 yuan, and the dispute between the two sides was resolved

[analysis] Luo Haihong, a lawyer of Hubei Tianhong law firm, analyzed the relevant provisions, combined with this case: Liu Feng and Liu you are in an employment relationship, according to Article 35 of the tort liability law: “if a service relationship is formed between individuals, and the party providing the service causes damage to others due to the service, the party receiving the service shall bear the tort liability. 1f the party providing the service suffers damage due to the service itself, it shall bear corresponding responsibilities according to the respective faults of both parties. “< 1n this case, fault liability should be applied between Liu Feng and Liu you. That is to say, the loss of Liu you's injury should be shared according to the proportion of responsibility under the condition of distinguishing the two people's fault. From the above situation, before the accident, Liu Feng repeatedly asked to fasten the safety belt. Because Liu you didn't pay attention to safety and thought the safety belt was in the way, he didn't fasten the safety belt during the construction, resulting in injury in this case, Liu Feng was responsible for the inadequate management of the construction site. 1f Liu you fails to fasten his seat belt without supervision, he should be held responsible for his own gross negligence. Therefore, the total loss in this case should be shared by two persons generally, Liu you should bear at least 10% of the loss. 1f there is a dispute between the two parties on the division of the specific proportion of liability, Liu you can bring a suit to the people’s court at the discretion of the court this article is a reprint of 1nternet media, which only represents the author’s point of view and has nothing to do with this website. 1f the information column articles and comments violate your legal rights, please call to let us know and we will deal with them in time

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