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实习驯马师被马踢伤,法院判决马术俱乐部和学校共担责
Xin Lang Cai Jing· 2025-12-28 06:03
Core Viewpoint - The court ruled that the equestrian club bears primary responsibility for the injury sustained by the student during an internship, while the vocational college holds secondary responsibility, leading to compensation for the student's losses [3][4]. Group 1: Incident Overview - The student, Zhang, was injured during an internship at an equestrian club while studying equine management at a vocational college, resulting in severe injuries including liver and kidney damage, and multiple fractures [1]. - The equestrian club claimed that the student should have released the reins to avoid danger, arguing that the incident was due to the student's failure to follow safety protocols [1]. Group 2: Court's Findings - The court determined that the incident occurred during the student's internship, where he was engaged in managing the horses, thus establishing a labor relationship with the equestrian club [3]. - Both the equestrian club and the vocational college were found to have safety education and management obligations, with the court applying general tort liability principles to assign responsibility based on fault [3][4]. Group 3: Responsibility Allocation - The equestrian club was deemed the direct manager during the internship and failed to provide necessary safety training and equipment, leading to its primary liability for the incident [4]. - The vocational college was found to have indirect management responsibilities and failed to adequately prepare the student for potential risks, resulting in its secondary liability [4]. - The court ordered the equestrian club to compensate over 570,000 yuan and the vocational college to pay 260,000 yuan for the student's medical and disability-related expenses [4].
护工骑手受伤谁买单 劳务关系赔偿有规则
Bei Jing Qing Nian Bao· 2025-08-04 00:22
Core Viewpoint - The article discusses the legal implications and responsibilities in labor and service relationships, highlighting the differences in liability and compensation in cases of injury during work, particularly in informal labor arrangements [12][13]. Group 1: Labor and Service Relationships - Labor relationships are governed by strict regulations under labor laws, while service relationships are more flexible and based on civil agreements, suitable for temporary or non-core work [1][12]. - Service relationships often lack formal contracts, leading to potential disputes over responsibilities and compensation in case of injuries [13]. Group 2: Case Studies - Case 1: A caregiver at a nursing home was awarded compensation after slipping on a wet floor, with the nursing home held 90% responsible due to inadequate safety measures [2][3]. - Case 2: A demolition worker fell from a ladder and was found 70% responsible for his injuries due to lack of safety equipment, while the employer was held 30% responsible for not providing safety measures [5][7]. - Case 3: An online food delivery rider sustained injuries during delivery and was awarded compensation, with the platform company held 50% responsible for not ensuring adequate safety measures [9][10]. Group 3: Legal Responsibilities - Both parties in a service relationship have a duty of care regarding safety, with the service provider expected to ensure a safe working environment and the labor provider responsible for their own safety [3][7]. - The court emphasizes the importance of written agreements in service relationships to clarify responsibilities and reduce disputes [13].
勤工俭学遭欠薪,维权用上民法典
Ren Min Wang· 2025-05-14 01:12
Group 1 - The case highlights the challenges faced by university students in securing their labor rights when engaging in part-time work, particularly due to a lack of legal knowledge and experience [1][2] - The local prosecutor's office intervened to facilitate a resolution between the student and the restaurant company, emphasizing the legal obligations of employers to pay for services rendered [2] - The resolution involved a mediation process that resulted in the restaurant company paying the owed wages to the student, demonstrating the effectiveness of legal support in labor disputes [2][3] Group 2 - The Civil Code provides a framework for labor relations, defining the rights and obligations of both labor providers and employers, which can be established through verbal or written contracts [3] - In this case, the existence of a verbal agreement between the student and the restaurant company constituted a labor relationship under the Civil Code, allowing for legal recourse to claim unpaid wages [3] - The case underscores the importance of legal protections for vulnerable groups, such as students, in the labor market, and the role of the prosecutor's office in upholding these rights [2][3]