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What should I do if I hire an old man over 60 to watch the door and get injured?
Legal analysis
If the employee bears the main responsibility and full responsibility for the accident, the employee and the employer shall bear joint and several liability. At this time, it is regarded as the employee's intentional or gross negligence. If a laborer causes damage to others in employment activities, the employer shall be liable for compensation; Workers who cause damage to others due to intentional or gross negligence shall be jointly and severally liable for compensation with the employer. If the employer is jointly and severally liable for compensation, it may claim compensation from the laborer. Engaged in employment activities mentioned in the preceding paragraph refers to engaging in production and business activities or other labor activities within the scope authorized or instructed by the employer. The employee's behavior is beyond the scope of authorization, but its manifestation is or is intrinsically related to the performance of duties, which should be considered as "engaging in employment activities". The traffic administrative department of the public security organ shall determine the responsibility of the parties according to the role played by their actions in traffic accidents and the severity of their faults. Traffic accident liability is mainly divided into five categories, and the identification of traffic accident liability is directly related to the relevant compensation content, so we should pay attention to traffic accident liability. However, the determination of traffic accident liability should be carried out within the prescribed time limit and in accordance with the prescribed principles of traffic accident liability determination.
legal ground
Article 1 192 of the Civil Code of People's Republic of China (PRC) * * * If a labor relationship is formed between individuals, and the party providing labor services causes damage to others, the party receiving labor services shall bear the tort liability. After assuming the tort liability, the party receiving the labor service may claim compensation from the party providing the labor service with intentional or gross negligence. If the party providing labor services suffers damage due to labor services, it shall bear corresponding responsibilities according to the respective faults of both parties. During the period of providing labor services, if the behavior of a third party causes damage to the party providing labor services, the party providing labor services has the right to request the third party to bear tort liability and the party receiving labor services to compensate. After receiving compensation, the laborer may claim compensation from a third party.
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