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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]