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A woman in Heilongjiang
At home for a friend Yin
When boiling Chinese medicine
Unfortunately, he died of carbon monoxide poisoning
Then the woman's daughter
as plaintiff
Take Yin to court
The court ruled that
Although Yin and the deceased were friends
But the two parties agreed (boiling medicine)
100 yuan per 10 pairs of drugs
There is a de facto employment relationship
"Although the deceased himself is at great fault,
failure to exercise a duty of care;
But the defendant acts as an employer
The obligation to remind was also not fulfilled. ”
The court's final verdict
Yin bears 30% of the expenses
Compensate the plaintiff more than 230,000 yuan
Whether Yin should be
Liability for damages
sparked heated discussions among netizens
Some people questioned what it was
Do you have the duty to be reminded?
on this
Beijing Hengsheng Law Firm
Lawyer Wei Zihua said
Generally speaking
One party provides labor services and the other party accepts
At this point, there is an employment agreement between the parties
It is an employment relationship
The agreement may be oral or written
In this case
The deceased reached an agreement with Yin
The standard of 100 yuan per 10 pairs of drugs is agreed
Paid to help Yin make traditional Chinese medicine
Constitutes paid employment
Article 1192 of the Civil Code of the People's Republic of China: If a labor relationship is formed between individuals, and the party providing the labor service suffers damage due to the labor service, the corresponding liability shall be borne according to the respective fault of both parties.
Wei Zihua said in this case
The risk of boiling Chinese medicine is low
It is also not required
High level of expertise
and the deceased as an adult
Boil medicine in your own home
Deal with your own safety in itself
A high duty of care is exercised
Cook for a long time
The resulting carbon monoxide concentration is too high
The risk of poisoning is common sense and awareness
Relative to Yin
The deceased is more controllable and preventive
Occurrence of harmful consequences
so
in everyday life as an employer
What is the boundary of the "duty to remind"?
Beijing Anke Law Firm
Senior partner lawyer Zhang Meng said
Employer's Duty to Alert
It is necessary to take into account the age of the employee or contractor
Educational level, cognitive level, professional skills, etc
Comprehensive judgment
Take, for example, this case
If the plaintiff's mother
Itself often boils medicine or cooks
Yin's obligation to remind him is very weak
And if the plaintiff's mother
There is basically no experience in boiling medicine or cooking
Yin has an obligation to remind him
There will be more
What do you think about this?
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Editor: Wang Jiao