When workers are paid to help homeowners paint the walls, are they labor relations or processing contracts? Is the worker injured at work, or is it a bad luck or a homeowner?

case

Gu mou a house needs to decorate, find xie mou. The two sides reached an agreement by hand to paint a house in the valley and pay the plaintiff at a price of 7 yuan per square meter. Unfortunately, when xie was painting the wall, he fell off the shelf because of the broken wooden frame he stood on. After the hospital examination, xie a bilateral and bone comminuted fracture, after identification and determination of 8 - class disability.

Basic legal basis for damages

For all the losses of xie, who will pay compensation, it is necessary to judge whether the relationship between gu and xie is the labor relationship or the processing contract. What is the difference between the labor relations or the processing contract?

Article 35 of the tort liability law, which stipulates that personal labor relations shall be formed between individuals, and that the party who provides labor services causes others damages due to labor services shall be liable for tort liability by the receiving party. If the labor party is harmed by the labor service, it shall bear the corresponding responsibility according to the respective fault of the parties.

Concerning the trial of cases on compensation for personal injury to explain some issues of applicable law stipulated in article 10, whereby the hiree completes certain work in the process of its damage to a third person or damage to the hirer does not assume liability to pay compensation. If a person is negligent in making a decision, indicating or selecting a person, he or she shall bear the corresponding liability for compensation.

The people's court ruled that:

1. What is the relationship between the two parties in this case?

The court held that there was a brush wall belongs to the family is decorated, and usually need to paint the walls and paint the walls and the work people have certain professional knowledge and skills, generally by paint the walls and people to decide on their own, working procedures and labor process, work independently, owners generally only care about the result of the paint the walls, the two sides are not usually present person dependent, so the valley, a Xie Mou processing contract relationship.

2. Their respective liability and proportion of responsibility?

In processing contracts, due to the performance of the risk generated by processing contracts, by completing the work of the hiree (Xie Mou), the hirer valley (a) is generally not liable, unless the hirer fault, according to the size of the fault liability by the hirer is liable.

In the case, xie was injured while painting the defendant's house, the key point of which was the broken wood frame. Specific to the actual case of the case, the wooden frame is provided for xie to use, and the wooden frame itself has a major security risk, so, gu mou to xie an injury should bear certain fault liability.

Xie, as a decorator with a bit of professional skills, should make a careful review before taking advantage of the wooden frame work. It was xie who ignored the safety precautions and led to the result of the case. Xie was responsible for the case.

In the end, the court decided that the consequences of the injury should be borne by xie, who was responsible for the injury. In combination with the specific case, xie was responsible for 60 percent of the losses in the case, and gu took 40 percent of the losses in the case.