Can you imagine that an ordinary peasant family had to pay more than 1.6 million yuan in compensation because the workers hired to build their house had an accident? It sounds like a fantasy! But this is a real case that happened in Huazhou, Guangdong.
Here's the thing: Zhao was invited to build a house for Wu in the same village, but who knew that during the temporary work, he fell from the upper floor due to the failure of the crane and unfortunately died. The Zhao family was naturally distressed, so they sued Wu to the court, demanding that he fully compensate for various losses of more than 1.6 million yuan, including funeral expenses and living expenses of dependents.
At the beginning, Wu was also very crying and laughing. Moreover, in order to deal with the unexpected situation, he specially purchased construction accident injury insurance for Zhao, and the insurance company had already paid 330,000 yuan in advance. Wu insisted that the 330,000 yuan should be deducted from the compensation.
However, of course, Zhao's family did not agree. They believe that the insurance money is Zhao's personal rights and interests and has nothing to do with Wu, and Wu should independently bear the huge claim. The two sides are at a stalemate, and they can only call for the law to administer justice.
Obviously, for ordinary people, more than 1.6 million yuan is indeed an astronomical amount. Under normal circumstances, if a peasant is burdened with such heavy debts, it is only a matter of time before his family is surrounded by walls. Therefore, this case is not only about the vital interests of both parties, but also about the supervision of potential safety hazards in the entire rural housing sector.
After repeated investigation and evidence collection, the court finally ruled that Wu needed to pay more than 700,000 yuan in compensation. Although the amount has been reduced, it is still a big burden for the family. However, this is indeed much easier than the initial claim of more than 1.6 million yuan.
So, how did the court come up with this ruling? Actually, there are two key points. First, considering that Wu took the initiative to insure Zhao, he could deduct the insurance compensation of 330,000 yuan; second, although Zhao suffered misfortune, as a self-employed person, he also had certain faults, so the court decided that Zhao should bear 40% of the responsibility.
It can be said that the court's judgment was impartial and took into account the interests of both parties and the responsibility for fault. This is indeed a more reasonable way to protect the rights and interests of ordinary people and avoid taking precautions.
In fact, there has been more than one similar building claim. Last year, a migrant worker in Leshan, Sichuan Province, who was injured while building a self-built house, claimed more than 120 yuan from his employer. Although it was finally reduced to more than 30 yuan by the court's judgment, it still made ordinary people unable to guard against it.
So, how can we, as ordinary people, avoid falling into the same predicament? I personally have the following suggestions:
When hiring workers, be sure to choose a company or team with complete qualifications and formal procedures. Even if you hire a private worker, you must ask the other party to show relevant qualifications and sign a clear labor contract to stipulate the rights and responsibilities of both parties.
During the construction process, workers must be equipped with necessary labor protection supplies and sufficient safety training to ensure the safety of the working environment. In the event of an accident, there is at least one reasonable explanation and basis for determining liability.
In order to prevent accidents, you can take the initiative to purchase relevant personal accident insurance for workers, or even more advanced occupational insurance. On the one hand, this can maximize the risk diversification, and on the other hand, it also leaves reasonable room for relief in case of accidents.
For most of us, perhaps it is better to choose to hire a regular unit to carry out professional construction. Although the cost will be higher, it can completely avoid various legal risks and worries.
It is not difficult to find that there are two core ideas in the above proposals: one is to maximize the dispersion and transfer of risks through the intervention of third-party professional companies and insurance institutions, and the other is to define the rights and obligations of both parties as clearly as possible through contracts. Although these two points seem simple, it is not easy to actually achieve them.
But as long as we have a positive and cautious attitude, we will be able to greatly avoid unnecessary troubles and losses. In short, whether it is hands-on or entrusted to others, building a house is a big project that seems to be a small thing but hides mysteries. Beware of stepping on thunder, which is the wisest choice for us ordinary people.
Let's work together to hope that rural housing construction can be standardized and proceduralized like urban real estate, and completely stay away from potential safety hazards and legal disputes!
(Disclaimer) The plots and pictures depicted in this article are from the Internet, and their purpose is to promote positive social energy, and there is no vulgarity and other bad guidance. If there is any copyright or personal rights issue, please contact us immediately, we will delete the relevant content as soon as possible! It is only published on the headline account, and other platforms are all portable.