The Shanghai court heard a death dispute caused by recycling old air conditioners. Here's the thing. Citizen Zhu is a neighbor. When he is not at home, he will give the key to the house to Zhu for safekeeping.
? On the day of the incident, because the house was ready to be demolished, Zhu sorted out the furniture and prepared to move home. On the day of the incident, because the house was ready to be demolished, Zhu sorted out the furniture and prepared to move home. At this time, Luo, who recycled waste products, passed by. Zhu called and asked him if he wanted to sell used air conditioners. After getting a positive answer, Zhu Ranluo dismantled the old air conditioner and sold it.
However, something unexpected happened, because Luo didn't wear a safety rope, and accidentally fell down while disassembling the air conditioner, and died after being sent to the hospital. Luo's family claimed 2 million yuan from Zhu and demanded joint liability. However, Zhu said that at that time, he had fulfilled his safety notification obligation and Luo did not wear a seat belt.
? After Luo's death, Luo's family has been arguing with Zhu and Chen Mou about compensation. After Luo fell to his death, Luo's family has been arguing with Zhu and Chen Mou about compensation, and the three parties have not reached an agreement on compensation. In Zhu's view, according to the trading habits in life, under normal circumstances, buyers pick up the goods themselves. After the buyer receives the goods, the trading relationship between the two parties has ended.
As for how the buyer Luo handles the received goods, it has nothing to do with me. Luo has reminded me when disassembling the air conditioner. He also made it clear that he had enough experience to deal with such a situation, so Luo's death had nothing to do with Zhu, and Zhu did not have to bear the responsibility.
? In addition, on the second day of the crime, Zhu has paid the 350 yuan payment for air conditioners to. Zhu's behavior of selling old household appliances that he doesn't use is recognized, and there have been cases of selling old household appliances before, and there is no doubt.
As a free trustee, the client should bear the ultimate responsibility without intentional or gross negligence, but for humanitarian reasons, he agreed to compensate Luo's family for 6.5438+0.5 million yuan. It seems that he and Zhu are good neighbors, because the house is to be demolished, and Zhu sold his unwanted old things privately for some small interests.
? This can only be a gift, and it cannot prove the entrustment relationship. It can only be a gift, and it cannot prove the entrustment relationship. As for the money involved in the sale of air conditioners, 350 yuan has never received it. Besides, Chen Mou didn't return to Shanghai until a few days after the incident, which had nothing to do with him.
For Zhu He, Luo Jiaren expressed disapproval and thought: first, Luo is engaged in recycling waste materials, not specialized in air conditioning, and does not have the qualification for aerial work; Second, when Luo dismantled the air conditioner.
? Zhu did not fulfill his obligation to provide safety tools and make safety reminders. No matter who owns the air conditioner, it will not affect Zhu's responsibility as an employer. Third, Zhu Can entered Chen Mou's house, which shows that he has obtained the permission of Chen Mou. If you hand over your unused old furniture and old household appliances to Zhu, you should bear joint and several liability.
After Luo's death, the relevant departments organized three parties to mediate the matter, but because the three parties could not reach an agreement on the issues of responsibility and compensation, Luo's family took Zhu to court and demanded Zhu to compensate for medical expenses, death compensation and living expenses of the dependents. , totaling RMB 2 million, for which Chen Mou is jointly and severally liable.
? When Luo is to be dismantled, Zhu will review Luo's relevant qualifications. According to his daily life experience, Zhu sold the outdoor air conditioner to Luo, who dismantled it himself. But the point is, the outdoor air conditioner is different from ordinary household appliances, and it is dangerous to disassemble it.
Moreover, aerial work is required. When Luo is to be dismantled, Zhu should review Luo's relevant work qualifications and give Luo reasonable and necessary attention to his aerial work. Even if Zhu stated in the inquiry record of the public security organ, Luo had already verbally reminded him.
? As an operator with his own labor tools, Luo should have a certain understanding of the dangers of his work. However, he did not provide a safe environment when working at high altitude, and obviously there was a fault, so he should be responsible for the consequences of Luo's death within his own fault. As an operator with his own labor tools, Luo should have a certain understanding of the dangers of his work.
He didn't wear safety protection articles such as safety helmet and safety belt during the operation, and obviously neglected his own safety protection, which led to his accidental fall from a height and death during the operation. His own fault is the direct cause of the accident and he should bear the corresponding responsibility for his own losses.
? As soon as the verdict of this case came out, it attracted a lot of netizens to discuss it. As soon as the verdict of this case came out, it attracted a lot of netizens to discuss it. Netizens are puzzled by Zhu Weiluo's death. In real life, who will go to see if people who collect old household appliances have relevant qualifications, and if so, who will carry them with them?
Some netizens also told their personal experiences. When installing or removing air conditioners at home, they always remind workers that the other party simply doesn't listen. It's annoying to say a few more words. It's scary every time. Fortunately, nothing happened. If something happens, it's really an accident and an unbearable blow to ordinary families.
For Zhu, it was a good intention to help a friend sell his unused old air conditioner. Unexpectedly, he sued himself and his friends. Zhu in the court recalled everything at that time and still couldn't let go.
"People who recycle old household appliances climb to the wall to dismantle the air conditioner. At that time, I also reminded him to put safety first and fasten his seat belt. I didn't expect to smoke a cigarette in the alley and people fell down. " Zhu said. What do you think of this matter?
Finally, we can only remind you that in this life-threatening construction environment, if workers can't ensure their own safety, employers must resolutely stop continuing construction. This is not only responsible for the safety of construction personnel, but also for the employer himself.