News of cleaning the ice valve at the property management office

The man in this incident is responsible for himself. The owner, manager or user of the building or structure in which the accident occurred is irresponsible. The accident is not a work-related injury, and the employer does not bear the responsibility. However, the employer and the owner, manager or user of the building or structure where the accident occurred can give some compensation out of humanitarian spirit.

Why is the owner, manager or user of the building or structure in which the accident occurred not liable?

According to Article 1253 of the General Principles of Civil Law of People's Republic of China (PRC), if buildings, structures or other facilities and their shelving and hanging objects fall off and cause damage to others, and the owner, manager or user cannot prove that he is not at fault, he shall bear tort liability. After compensation, the owner, manager or user, if there are other responsible persons, has the right to recover from other responsible persons.

The owner, manager or user shall bear tort liability if the hanger falls off and causes damage to others. However, in fact, there are clear provisions in the Civil Code of our country on the shedding and falling of the suspended objects, just to meet the requirements of a component of buildings, structures or other facilities and the shedding and falling of the suspended objects from buildings, structures or other facilities. For example, the tiles on the wall of the house fall off, the ceiling of the house falls off, the chandelier falls off, the tiles on the roof fall off, the window glass of the house is blown off by the wind, and the flowerpot placed on the balcony falls off. Only in this way can the owners, managers or users of buildings and structures be held accountable. ?

And in this case? Ice valve? It is not part of the facility, nor is it a shelf. Therefore, the owner, manager and user of the building in which the accident occurred are not liable.

What is a work-related injury? Why is this incident not a work-related injury?

About what? Work injury? The concept of conventions adopted by the International Labour Conference, 192 1? Work injury? The definition of is:? Accidents caused directly or indirectly by work are industrial injuries. ? 1964 The 48th International Labour Conference also stipulated that industrial injury compensation should include occupational diseases and traffic accidents to and from work. So, what are the current international norms? Work injury? This definition includes two aspects, namely, accidental injuries caused by work and occupational diseases.

The current laws in our country recognize the common situation of work-related injuries: Article 14 of the Revised Regulations on Work-related Injury Insurance (201KLOC-0) shall be recognized as work-related injuries if an employee has one of the following circumstances:

(1) Being injured by an accident during working hours and in the workplace; (two) before and after working hours, in the workplace, engaged in preparatory or finishing work related to the work and was injured by an accident; (three) during working hours and workplaces, due to the performance of duties by violence and other accidental injuries; (4) Suffering from occupational diseases; (five) during the business trip, injured or missing due to work reasons; (six) on the way to work, I was injured by a traffic accident or an urban rail transit, passenger ferry or train accident for which I was not primarily responsible; (seven) other circumstances that should be recognized as work-related injuries as stipulated by laws and administrative regulations. Therefore, according to the sixth point of Article 14 of the Regulations on Industrial Injury Insurance revised by 20 1 1, only those who are injured by traffic accidents or urban rail transit, passenger ferry or train accidents on their way to and from work can be recognized as industrial injuries. Industrial injury insurance institutions and employers can be responsible for compensation. However, in this incident, the accidental injury suffered by the hero does not belong to a traffic accident, so it does not constitute a condition for work-related injuries, so the employer does not assume responsibility.

The losses caused by natural disasters should be defined from the legal point of view.

Natural disasters are merciless, and the losses caused by natural disasters are legally classified as force majeure. Generally speaking, there is no legal infringer for the losses caused by natural disasters. No matter whether the country, the collective or individual citizens suffer damage, they should bear their own responsibilities.

Therefore, the man's situation in this incident belongs to the death caused by force majeure and should bear the responsibility. It is not responsible for the owners, managers or users of buildings and structures, nor is it a work-related injury, nor is it responsible for social insurance agencies and employers. However, human beings have their own true feelings, and the employer and the owners, managers and users of buildings and structures in the accident site can give certain compensation out of humanitarian spirit. Finally, I also remind everyone that we must pay more attention to the unsafe factors around us and report the problems in time! After all, whether it is the safety of others or your own safety is very important.