The worker who sealed the balcony accidentally smashed the car downstairs, should the owner compensa

Hello, to the problem you described, the lawyer replied as follows:

First of all, for compensation for damages caused by personal injury, refer to the Tort Liability Law, the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases, and the Interpretation of the Supreme People's Court on Several Issues Concerning the Determination of Liability for Moral Damages in Civil Torts.

Second, after confirming the fact of personal injury, confirm the corresponding liability for causing personal injury, and bear the corresponding responsibility according to the size of the responsibility.

Third, personal injury compensation requires an appraisal of the level of disability and confirmation of the specific amount of compensation based on the results of the appraisal. Disability level assessment is carried out by a specialized appraisal agency.

Fourth, after the disability level of personal injury is confirmed, the main scope of compensation includes medical expenses, hospitalization expenses, nursing expenses, nutrition expenses, lost work expenses, one-time disability allowance, mental damage compensation, etc.

Fifth, the liability for compensation is determined according to the average salary of local employees in the previous year, as well as the age and household registration of the victim.

Sixth, for personal injury compensation, a lawyer can be hired, and the lawyer's fees are also borne by the future wrongdoer. Blessing!

The owner and the worker (whether it is the individual or the unit to which he belongs) have formed a contract relationship, although the contractor in the contract relationship also provides services, but there is a difference between the labor relationship and the labor relationship in the Tort Liability Law, which should be similar to the labor relationship, but the employer does not have the qualifications of the employing entity, so the labor relationship formed is mostly seen in the case of cleaning, nanny and so on. Since the owner and the worker are equal in the contractual relationship, if the other party causes damage to a third party in the course of performing its contractual obligations, it should bear its own tort liability and has nothing to do with the owner. Of course, even if the owner of the labor relationship is found to be liable, the owner can recover from the worker.

It's hard to say. If he brings his own tools or something, then it can be said that this is a contract relationship, and basically your responsibility is very light. But once it is determined that it is an employment relationship, then it is basically your responsibility.

Now it is crucial that you be able to find him whenever and wherever you want. Otherwise, it will be very troublesome in case of litigation in the future.

If there is a unit, the provisions of Article 34 of the Tort Liability Law shall apply, and if the staff of the employer causes damage to others due to the performance of their work tasks, the employer shall bear the tort liability. If there is no unit, the provisions of Article 35 of the Tort Liability Law shall apply, and if a labor relationship is formed between individuals, and the party providing the labor service causes damage to others due to the labor service, the party receiving the service shall bear the tort liability. That is, you shall bear the tort liability.

After you take responsibility, you will settle the dispute with the worker who sealed the balcony separately according to their own fault.

It depends on the nature of the contract between you, if the contract is characterized as a processing contract, you basically do not have any responsibility, if it is characterized as an employment contract, you may have to bear the corresponding liability. (Shanghai Law Seeking Network).

If the worker has an employer, Article 34 of the Tort Liability Law shall apply, and if the staff of the employer causes damage to others due to the performance of work tasks, the employer shall bear the tort liability. If there is no employer, Article 35 of the Tort Liability Law shall apply, and if a labor 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. In this case, you will be liable for the tort, but after you have assumed responsibility, you can be liable for the fault of the worker.

According to what you said, you have formed a contract relationship with the worker (whether it is an individual or a subordinate unit), although the contractor in the contract relationship also provides services, but there is a difference between the labor relationship and the labor relationship in the Tort Liability Law, which should be similar to the labor relationship, but the employer does not have the qualifications of the employing entity, and the resulting labor relationship is mostly seen in the case of cleaning, nanny, etc.

Since you and the workers are in an equal contractual relationship, if the other party causes damage to a third party in the course of performing its contractual obligations, it should bear its own tort liability, which has nothing to do with you.

Of course, even if it is determined that you are liable for the employment relationship, you can still recover from the worker.

The contractor who sealed the balcony put the stainless steel door frame in an unstable position, fell down and hit someone, and now it is fractured, how to calculate this compensation.