承揽合同关系
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装卸工卸货被砸伤,赔偿责任谁来承担?
Ren Min Wang· 2025-11-26 00:54
Core Points - The case involves a construction materials company that outsourced cement transportation and unloading to a truck driver, leading to an injury incident during the unloading process [1][2] - The court ruled that the truck driver, the construction materials company, and the injured worker should share liability based on their respective degrees of fault [3][4] Group 1: Legal Relationship and Liability - The court determined that the relationship between the construction materials company and the truck driver is characterized as a contract for work rather than a simple transportation contract, indicating a higher level of responsibility for both parties [2][5] - The construction materials company was found to have made a mistake by outsourcing labor to an unqualified individual, thus bearing some liability for the incident [3][5] Group 2: Compensation and Damages - The total damages incurred by the injured worker were assessed at 185,141.56 yuan, with the court assigning 50% liability to the truck driver and 20% to the construction materials company [3][4] - The truck driver was ordered to pay 85,571 yuan, while the construction materials company was ordered to pay 37,028 yuan, with the injured worker bearing 30% of the responsibility [3][4]
无人机喷洒农药“误伤”相邻农田 怎么赔偿?
Ren Min Wang· 2025-08-20 01:00
Core Viewpoint - The court ruled that the parties involved in the drone pesticide spraying incident are liable for damages due to negligence, with a compensation amount of 31,000 yuan to the affected farmers [1][2]. Group 1: Incident Overview - A case was adjudicated in Urumqi, Xinjiang, where improper pesticide spraying by a drone led to significant damage to neighboring farmland, specifically 20 acres of winter melons [1]. - The affected farmers, Xiao Long and Xiao Niu, sought compensation after their crops exhibited severe damage, which was confirmed to be linked to the pesticide application [1][2]. Group 2: Legal Proceedings - The court identified two main issues: the causal relationship between the pesticide spraying and the crop damage, and the liability of the parties involved [2]. - The court accepted the findings of a qualified assessment agency that established a causal link between the drone's pesticide application and the damage to the winter melons [2]. Group 3: Liability and Compensation - Both Xiao Hu (the contractor) and Xiao Yang (the drone operator) were found to have acted negligently, leading to the court's decision to hold them each responsible for 50% of the compensation [2]. - The ruling emphasized that Xiao Yang failed to exercise due caution during the pesticide application, while Xiao Hu did not adequately inform neighboring farmers about the spraying [2].