Interpretation of some problems in the application of law in damage compensation cases
(the Supreme People's Court 65438+February 4, 2003)
At the1299th meeting, the judicial Committee adopted the interpretation [2003] No.20).
Article 13 If a helper who provides services for others free of charge causes damage to others in his helper activities, the helper shall be liable for compensation. If the helped laborer explicitly refuses to help, he shall not be liable for compensation. If there is intentional or gross negligence in helping laborers, the people's court shall support the obligee's request to help laborers and the helped laborers to bear joint liability.
Article 14 A helper shall be liable for compensation for personal injury caused by his activities. If the worker who is helped explicitly refuses to help, he shall not be liable for compensation; But it can be properly compensated within the scope of benefit.
If the personal injury of the laborer is caused by the infringement of the third party, the third party shall be liable for compensation. If the third party is uncertain or unable to pay compensation, the helped workers can make appropriate compensation.
I suggest you bring a lawsuit to the court where the aided workers are located and apply for disability grade appraisal. Only in this way can you better protect your legitimate rights and interests.
Attach a case for reference:
Yang Fei and Li Fuxian appealed against the dispute over compensation for the workers' bravery.
Nanyang Intermediate People's Court of Henan Province
paper of civil judgment
(20 10) Min Nan Zhong Er Zi No.319
Appellant (defendant in the original trial and counterclaim plaintiff) Yang Fei.
Authorized Agent: Lan, lawyer of Henan Yubin Law Firm.
Authorized Agent: Du Zebin, legal worker of Qiliyuan Legal Service Office, Wolong District Judicial Bureau, Nanyang City.
Appellee (plaintiff in the original trial and defendant in counterclaim) Li Fuxian.
Authorized Agent: Liu, lawyer of Henan Law Firm.
Defendant Li Jianping in the original trial.
Appellant Yang Fei, Appellee Li Fuxian and defendant Li Jianping in the original trial volunteered to help the injured workers compensate for their losses. Li Fu filed a lawsuit in Xichuan County People's Court on July 6, 2008, requesting an order that the two defendants pay all the expenses of 6 1522.3 yuan. In the lawsuit, Yang Fei filed a counterclaim, demanding that Li Fuxian compensate for various losses of 68,800 yuan. Xichuan County People's Court made a civil judgment (2008)No. 153 on March 6, 2009. Yang Fei refused to accept and appealed to our court. Our hospital made a civil judgment (2009) No.588 on September 1 2009, and sent it back for retrial. After the people's court of Xichuan County made a judgment on October 8, 20 10, Yang Fei refused to accept it and appealed to our court. After the court accepted the case, a collegiate bench was formed according to law and the case was heard in public. The Appellant and his entrusted agents Lan and Du Zebin, the Appellee Li Fuxian and his entrusted agent Liu attended the proceedings. Li Jianping, the defendant in the original trial, failed to appear in court after being legally summoned, and the case has now been concluded.
The court of first instance found that in May 2006, Yang Fei purchased a 4LZ—2.0 crawler-type self-propelled grain combine from Ward, Jiangsu, with a value of 49,500 yuan. On June 2, 2008, at about 6:5438+0:40 pm, when cutting wheat for Li Guixiang's family, the wheat outlet of the harvester broke down and could not work normally. Yang Fei will make a small opening in the wheat barrel, and the bag needs to be opened manually to receive the wheat. At about 4: 20 pm, when harvesting Li Jianping, Li Jianping squatted on the platform of the harvester, holding a bag mouth to pick up the wheat. When the wheat was full, he called to stop. When Li Fuxian heard the shouts, he put the wheat bag on the premise, and his left hand was inserted between the gear and the chain, so he could not take it out. Yang Fei took off the chain buckle with pliers and took Li Fuxian out first, causing Li Fuxian's left hand to be injured. In the afternoon, Li Fuxian was taken to Nanyang 768 People's Liberation Army Hospital by ambulance and discharged on July 2, 2008. Hospitalization for 30 days, medical expenses 1 1804.88 yuan, of which Yang Fei paid 7900 yuan in advance. During hospitalization, he was taken care of by his son Li. On August 20th, 2008, it was appraised by Nanyang Danyang Forensic Clinical Judicial Appraisal Institute, and the appraisal certificate (2008) Lin Jianzi No. (030). Conclusion: After the left hand was crushed, the plaintiff lost the function of the proximal interphalangeal joint of his left hand, which belongs to disability level 7. During the trial, Yang Fei and Li Jianping objected to the appraisal and asked for a new appraisal. On June 2008, 65438+ 10/0, Nanyang Traceability Forensic Clinical Judicial Appraisal Institute issued (2008) J.J.Zi. No.218, which determined that the plaintiff's disability degree was seven. Li Fu filed a lawsuit with the court on July 16, 2008, and applied to seal up the Yang Fei harvester. The court made a ruling on the same day. In 2007, the per capita net income of farmers in Xichuan County was 3,357 yuan. Li Fuxian's mother, Wang Rong, was born on July 7th, 1935. She is 73 years old and has four sons. Li Fuxian is the third.
The original trial also found out that on June 4th, 2008, Li Jianguo and Li Laoliu agreed that Yang Fei would park the harvester in front of Li Laoliu's house. 4LZ—2.0 crawler-type self-propelled grain combine harvester, the small outlet of wheat conveying drum is 42 cm away from the gear and chain. That is, the accident site.
The court of first instance held that all the 4LZ—2.0 crawler-type self-propelled grain combine harvesters in Yang Fei could not work normally due to the problem of the wheat outlet, so the wheat was delivered by drum and collected by hand. When Li Fu saw the harvester stop, he put the wheat bag in front, inserted his left hand into the gear and chain, and crushed his left hand, resulting in the loss of the function of the interphalangeal joint near the middle finger and ring finger of his left hand, which was a seven-level disability. Because the distance between the drum wheat mouth and the gear chain is only 42 cm, plus mechanical inertia, Li Fuxian didn't pay attention, so he opened his pocket and inserted his hand into the chain, and should bear 20% civil liability for the accident. Yang Fei should know that the wheat outlet of the harvester can't be used normally, which violates the mechanical operation rules and causes Li Fuxian to be injured, and he should bear 70% of the main responsibility for the accident. Li Fuxian provided it to Li Jianping as a helper free of charge, and Li Jianping should bear the liability for compensation and 10% of the civil liability for the accident. Li Fuxian spent 1 1804.88 yuan on medical expenses, of which Yang Fei paid 7900 yuan in advance. The lost time fee is 77 days from June 3, 2008 to August 20, 2008. According to the per capita net income of farmers in Xichuan County in 2007, 9.3 yuan is 7 16. 1 yuan a day. The nursing fee for 30 days in hospital is 279 yuan, which is taken care of by son Li. Living allowance, according to the standard of food allowance for general staff of local state organs, 8 yuan every day, staying in hospital for 30 days, 240 yuan. Nutrition fee per day 10 yuan, 30 days in 300 yuan. Disability compensation is 3357× 20× 40% = 26856 yuan. The living expenses of the dependents, Wang Rong, the mother of Li Fuxian, is 73 years old. According to seven years, Wang Rong has four sons, 3357× 7 ÷ 4× 40% = 2349.9 yuan. Ticket price 1000 yuan. Compensation for mental damage should be supported 10000 yuan in combination with local economic conditions. The total is 53,545.88 yuan. Li Fuxian bears 20% of the fault liability, namely 10709.438+08 yuan. 70% of Yang Fei's liability for compensation is 37,482.1yuan, and 29,582.1yuan after deducting the advance payment of 7 and 900 yuan. Li Jianping paid 10%, and the liability for compensation was 5,354.6 yuan. Li Fuxian reached an agreement with Li Jianping, and Li Jianping paid compensation of 4,000 yuan, which should be supported. Li Fuxian's claim should be partially supported. Yang Fei filed a counterclaim, demanding that Li Fuxian compensate for the loss of 68,800 yuan from the seizure of the harvester. After the trial and the defendant's statement, Li Jianguo and Li Laoliu proved that Li Jianguo and Li Laoliu asked the defendant to park the harvester in front of Li Laoliu, while Yang Fei did not ask Li Fuxian to tell about the parking of the harvester. Counterclaim is not supported due to insufficient evidence and should be handled separately. According to Articles 119 and 131 of the General Principles of the Civil Law of People's Republic of China (PRC) and Articles 13, 19, 20, 21, 22, 25 and 28 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases, the judgment is as follows: ......