Case new perspective · Wimbledon | injured when picking Xiangli, who is responsible?

Spring planting a piece of millet

10,000 pieces of autumn harvest

It's another autumn season

Farmers are busy carrying out autumn harvest work

At the same time

Disputes of various types of picking and removal of fruit removal

happens sometimes

1

Retrospective

In September 2019, after contacting the wife of Wen Su County, a resident of Wensu County, Aksu, Zhou, Zhou, Zhao, and others went to the orchards contracted by Wen Mou to work in Xiangli picking work. point.

On September 19, 2019, Zhao accidentally dropped from the ladder during the picking of Xiangli. The hospital was diagnosed with a fragmented fracture of the left tibi fibula and the skin defect of the outside of the left calf.

Zhao asked Wen to ask Wen for medical expenses, transportation expenses, misunderstandings, nursing expenses, nutritional expenses and disability compensation. However, Zhao and Wen have repeatedly negotiated compensation. In desperation, Zhao Mou complained Wen Mou to the Wensu County People's Court.

During the trial, Wen argued that he took the labor services such as Xiangli in the orchard to Zhou Mou. The workers hired by Zhao Mou had no labor relationship with Wen. However, Wen did not show the evidence to prove that there was a labor contract between him and Zhou, and Zhao and Wen did not show the evidence to prove that Zhou had a profit from it, and the ultimate beneficiary of Zhao and others was Wen. certain.

Therefore, the Wensu County Court believed that it could not directly identify the labor services such as Wen Pear picked to the employment of Zhou or Zhao.

2

Judgment result

The People's Court of Wensu County determined that there was a labor relationship between Zhao and Wen, or ordered Zhao to bear 30%of the liability for the accident, and Wen Mou assumed 70%of the liability for compensation.

Wen Mou and Zhao did not serve the first trial judgment and appealed to the Aksu Intermediate People's Court.

The trial of the Intermediate People's Court of the Aksu area found that the facts were consistent with the fact that the facts of the People's Court of Wensui County were consistent, and the original judgment was maintained and the two appealed requests.

3

Law link

"People's Republic of China"

Article 1,192 Paragraph 1 stipulates that the formation of labor relationships between individuals and providing the labor service due to the damage to others due to labor services shall bear the liability for infringement by the receiving party. After accepting the liability for infringement, the labor service can be recovered to the party with intentional or major negligence. If the party is provided by the labor service, the labor service is damaged, and the corresponding responsibilities are based on their own faults.

Judge

The responsibility for providing the injury of the labor service refers to the party who provides the labor service because the labor service itself is harmed by the premise of the labor relationship between individuals. Take the corresponding civil liability. The court believes that there is a labor relationship between Zhao and Wen, and Zhao provided the receptionist of the labor service as Wen, so Wen should bear the corresponding compensation responsibility for the loss of Zhao.

Source: The People's Court of Wensu County, Aksu area, Chang'an Xinjiang

Author: Yang Jingzheng

Edit: Li Ruiqi Senbaiti

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