Personal Injury Compensation Defendant’s Statement Dear presiding judge and judge: Entrusted by Yan Mou and assigned by XX Law Firm, the case concerning the personal injury compensation dispute between Li Mou and Yan Mou was sued by Yan Mou and others. , acting as Yan’s litigation attorney. I appeared in court and participated in the court hearing in accordance with the law. Based on the facts ascertained by the court and combined with the relevant provisions of the law, I issued the following representation opinions: (1) There is no employment relationship between Mr. Yan and Li. (1) At the time of the incident, Yan did not hire Li as a tower crane driver. From May to the end of 2013, Li worked as Yan's apprentice at the Daming Palace Shopping Plaza construction site. Because he was not qualified to operate a tower crane, he was not hired after the money was settled at the end of the year, and he returned to his hometown. The incident occurred at the XX construction site, which did not employ Li. Li’s witnesses could only prove that he had worked at the previous XX construction site. At the new XX construction site, Yan hired Wang, who had a tower crane operating qualification certificate, as a tower crane driver. This is evidenced by the employment agreement and the certificate issued by Wang. In addition, Li was unable to provide evidence such as employment agreement, salary payment certificate, and attendance certificate to prove it. 2. The construction site start notice and sales order both stated that the construction site was to start on February 19, 2020. Li did not start work without Mr. Yan clearly stating that he would be hired, and did not start work at 7 or 8 o'clock in the morning on February 18. When construction lighting conditions are available, going to the construction site without authorization can lead to accidents. In addition, the other party was not present when the accident occurred, and there were multiple tower cranes at the construction site. The plaintiff could not prove which tower crane had the accident, nor could it prove whether the accident occurred during the operation of the tower crane. Therefore, the plaintiff could not prove the accident through relevant evidence. It is impossible to verify the occurrence of the accident or rule out various possibilities. Therefore, the plaintiff's injury in the accident can only be regarded as his own fault and has nothing to do with Mr. Yan. (2) Li is operating illegally without a license. Article 27 of the Production Safety Law of the People's Republic of China stipulates that special operations personnel in production and operation units must undergo specialized safety training in accordance with relevant national regulations and obtain corresponding qualifications before they can work. Article 25 of the Regulations on Safety Supervision and Administration of Construction Hoisting Machinery stipulates that construction hoisting machinery installation and disassembly workers, hoisting signal workers, hoisting drivers, hoisting machinery operators and other special operations personnel shall be assessed by the construction administrative department Only those who are qualified and obtain the special operation qualification certificate can start working. To sum up, Li carried out tower crane operations without anyone’s permission and without a special industry operation qualification certificate, which is an illegal operation without a license. This further shows that the accident was caused by Li's own fault. Compensation for medical tort damages refers to the failure of a medical institution and its staff to perform their due diligence obligations during the performance of the contract, resulting in non-medically necessary damage to the patient and failure to achieve the goals stipulated in the contract (express or agreed upon) , while breaching the contract, it also violated the patient's right to life and health, and one party is to blame. If one party's breach of contract causes the other party's personal or property rights to be infringed, the injured party has the right to choose to require the other party to bear breach of contract liability or tort liability. Considering the actual situation of their own litigation, most victims of medical torts request to be handled according to tort liability. (a) The subjects of medical infringement are medical institutions and medical personnel. Illegal medical practice causes personal harm to patients and violates criminal laws. While being investigated for criminal liability in accordance with the law, they should also bear civil liability. Since illegal medical practice does not qualify as a civil subject in a medical contract, the nature of this civil liability should not be understood as liability for breach of contract, but as tort liability, and corresponding civil liability should be borne in accordance with the relevant provisions of tort law. (2) The principle of medical tort is the principle of fault. Taking into account the difficulty of proof, as well as the fault of medical behavior and the opportunity for injured patients to obtain more compensation, whether the behavior of the medical staff of the medical institution providing medical services was negligent, whether the medical behavior complied with medical routines, and whether The medical institution shall bear the burden of proof that it meets professional standards. (3) The occurrence of damage. Negligent medical behavior caused personal harm to the patient, such as death, disability or unnecessary damage to organs and tissues. (iv) There is a causal relationship between the medical negligence and the harm suffered by the patient.
, Sample Civil Answer for Personal Injury Compensation, Respondent: Name_Gender_____ Age_Ethnicity_Position_Working Unit________ Address_____________ Telephone___, (1) The respondent has a personal injury compensation dispute with the respondent ×× In this case, the defense was put forward as follows: 1. The respondent's damage was not caused in the employment activities, and the damage should not be borne by the respondent; the respondent was a driver employed by the respondent to engage in freight operations. On the ×× day of ×× month of ××× year, the respondent drove a ×× car with license plate ××× owned by the respondent. On the way home, he drove to ××× and collided with a ×× car driven by another person ××. A traffic accident caused injuries to the respondent and damage to two vehicles. It was determined by the Traffic Police Brigade of XX Public Security Bureau that the respondent was primarily responsible for the accident and XX was minor responsible for the accident. Under the law, employers are only liable for injuries suffered by employees in the course of employment activities. The traffic accident that caused the respondent's injury occurred when the respondent was on his way home and not in the course of his employment activities. Therefore, the losses suffered by the respondent should not be borne by the respondent. 2. After the respondent was injured, the respondent paid part of the medical expenses to the respondent out of humanitarianism, which cannot mean that the respondent agreed to bear the respondent’s losses; after the respondent was injured, due to his financial difficulties, in order not to Due to the delay in treatment, the respondent advanced part of the hospitalization expenses out of humanitarianism, but this alone does not mean that the respondent agrees to bear the respondent's losses. The loss shall be determined according to the responsibility of the traffic police department and shall be borne jointly by the respondent and XXX. In summary, the court should ascertain the facts and reject the respondent’s claim to safeguard the respondent’s legitimate rights and interests. Hereby, ____________ People's Court, Respondent: __________ (signature or seal), year, month and day, attachment: copy of this defense _______;, supporting materials __________. Legal purpose:
Article 179 of the General Principles of the Civil Law
Whoever infringes upon others and causes personal injury shall compensate for medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospitalization expenses Reasonable expenses for treatment and recovery such as food subsidy, as well as reduced income due to missed work. If disability is caused, the cost of assistive devices and disability compensation shall also be compensated; if death is caused, funeral expenses and death compensation shall also be compensated.