Case sharing:
165438+1October 7, the second hospital of the city reported the judgment result of a dispute over the liability of workers' victims. As Master Zhao, a decoration worker hired by the contractor privately, was injured in the construction, the contractor and the landlord Mr. Li successively assumed the responsibility. The compensation is 40,287.9 yuan, and Mr. Li is jointly and severally liable for 20%, and the compensation is 8,057.58 yuan.
Mr. Li has a self-built house in Fusha Town, and plans to decorate it in June 20 16. The contractor signed a contract with Mr. Li for the renovation project. According to the contract, during the construction period, Sun must take adequate safety measures, and any work-related injuries or accidents shall be borne by Sun, and Mr. Li shall not be held responsible. However, this clause failed to exempt Mr. Li from his responsibility. On June 27 of that year, Master Zhao hired by Sun was injured in the construction and was hospitalized for more than two months, which cost him more than 30,000 yuan in medical expenses.
Master Zhao was identified as a ninth-grade disability, and later his claim against Sun and Mr. Li was shirked, so he took it to court. "After the contract was signed, I handed over the house to Sun for decoration. Sun hired Master Zhao without my knowledge. I didn't know that Master Zhao was employed to participate in the renovation project until I received a phone call on the day of the incident. An accident happened. " Mr. Li said that he and Sun did not have the same meaning, and that they did not have the same infringement and should not be liable for compensation.
The court found that the contractor Sun did not have the relevant business license and qualification. Recently, the court ruled in the first instance that Sun compensated Master Zhao for 40,287.9 yuan, and Mr. Li was jointly and severally liable for 20% of the 40,000 yuan, with compensation of 8,057.58 yuan.
The judge reminded: Looking for someone to decorate needs to polish your eyes and sign a formal renovation contract.
Why can't Mr. Li's exemption clause be exempted? The court held that when Mr. Li contracted the renovation project to Sun for construction, he did not examine whether Sun had the corresponding construction qualifications, whether he was competent for the construction work, and whether he could provide tools and conditions that met the safety requirements. If there is a certain fault in the choice, you should bear joint and several liability for your own fault.
Judge Gao Jiamin, who tried the case, said that in recent years, such cases have occurred frequently. When the landlord carries out house decoration, he must contract the house decoration project to a decoration company with decoration qualification, and sign a formal renovation contract with the decoration company to avoid the phenomenon of self-compensation caused by injuries of construction workers. As a contractor, we should also bear corresponding responsibilities.