The elderly traveled from the train and fell from the train. Passing through the construction road was scratched by the iron plate ... Who should be responsible after being injured?Civil code to answer!

Organize tourism centers

The old man fractured from the train

On the way to work

Strang down by thick iron plate on the construction road

Who should be responsible after being injured?

Civil code to answer

Case number one

"My elderly people organized by a pension service center to travel to Ejina Banner, Inner Mongolia, and fell off the train from the train to cause fractures of the tibia platform of the right leg, ligament break, and half -moon board damage. I paid 30,000 yuan, and I didn't care afterwards. In the later period, the elderly had to perform ligament and half -moon board repair surgery. How should we defend their rights? "

According to your description, the elderly service center and railway transportation enterprises may bear certain responsibilities, and you can safeguard your legitimate rights and interests by negotiating or prosecution.

First of all, the pension service center accepts your entrustment to take care of the elderly, and the obligation of security is an important obligation. Because this travel tourism is organized by the elderly service center, if it has not fulfilled the obligations of safety and guarantee during the tourism process, then the injury of the elderly should bear the responsibility corresponding to its fault.

Secondly, your old man was injured in the train. According to Article 823 of the "People's Republic of China", if your elderly do not have intentionally or major faults of your own injuries, then you can also ask the carrier to bear the liability for compensation for the elderly's injury.

It is recommended that you solve the problem by negotiating. If negotiations, you can not collect evidence of medical records, hospital invoices, train tickets, contracts signed by the elderly, and witness to the elderly with the elderly.

Case 2

"On the way to work, when I passed a construction road (no obvious signs and safety measures were taken), because of the rain, thick iron plates on the road were scraped down, causing me to fall. Fracture, half -moon plate injury on the outside of the left knee, cross ligament damage in front of the left knee joint, and the outer collateral ligament of the left knee joint.

According to your description, there is no obvious signs and safety measures for the construction area, causing you to be injured by the thick iron board. You have the right to ask the construction party to bear the liability for compensation.

According to Article 258 of the "People's Republic of China", excavation, repair and installation of underground facilities in public places or roads will cause damage to others. Bringing liability should be assumed. Because the construction location is on the way to get off work on the road, it belongs to the construction of a public place or on the road. If there is no obvious signs and safety measures, the construction party shall bear the liability for compensation.

First of all, you should collect some evidence of the construction of the construction party in public places, such as photos at the construction site, public videos on the road section, or witness testimony of insiders. Secondly, you can take these evidence to ask the construction party to compensate. The specific compensation content includes your medical expenses, misunderstanding, nursing expenses, disability compensation, nutritional expenses, and transportation expenses. Finally, if the developer is still reluctant to compensate, you can organize the evidence to the court to sue the other party for compensation. Specifically, the following evidence is required: the hospital's diagnosis certificate, medical expenses bill, and disability level identification (if it constitutes the disability) , Evidence such as misunderstanding and transportation expenses.

In addition, in accordance with Article 14 of the "Regulations on the Insurance Insurance", because your injury is not a traffic accident, urban rail transit, passenger ferry, and train accidents, it does not constitute work injury.

Source: "CCTV today's saying" WeChat public account

- END -