The guard's wife is on duty for medical leave. However, during the shift-on-duty period, the husband and the person had a dispute and a sudden cerebral hemorrhage was unfortunately killed. In this regard, the property company said that her husband is not a company employee, so should not be liable for his death. Therefore, the wife of the deceased filed a petition to bring the employer to court. Recently, Suzhou Kunshan Court concluded the case according to law. The officer held that the property unit was at fault in management, so he was responsible for the death of the client.
Correspondent Xu Tingting
Our reporter Xue Mayi
Trainee reporter su Yun
Disputes over truck entry into the Community
The guard died of sudden cerebral hemorrhage.
Ms. Wu, a 56-year-old, is employed as a guard in a residential area in Kunshan. She takes turns to work with another guard on duty and night shifts. Ms. Wu's husband, Liu, is unemployed at home, so she sometimes works with Ms. Wu at the community guard. Especially when Ms. Wu is on the night shift, she worries that her wife is not safe, will be accompanied.
On the evening of July 15, March 1, 2013, Ms. Wu went to the hospital to see a doctor because she was unwell. She wanted to take her to the hospital to see a doctor. But later, the two thought that they would be on duty at the door of the Community at night, so Ms. Wu decided to go to the hospital alone, and her husband Liu would replace her on duty.
However, when Liu was on duty, a truck arrived at the door of the district. When the truck was approaching, he kept honking and motioned Liu to open the door. According to the property regulations of the residential area, all external vehicles entering the residential area must be registered. Visitors must make clear their intentions and visit the house number of the householder. Xu, a truck driver, was a little late when he arrived at the district for delivery on the same day. Xu was worried. After arriving at the door of the residential area, the guard also asked for registration and said the house number, which made the house more annoying. Therefore, the two sides made a quarrel easily.
Xu, a truck driver, refused to get off for registration. Liu, who replaced his wife's duty, also refused to open the door. The two sides are getting more and more excited, the situation is getting worse and worse, and more people are gathered at the gate. However, no one thought that when the two sides had a quarrel, the angry Liu suddenly fell to the ground.
Onlookers immediately called the emergency phone and sent Liu to the hospital for treatment. However, although the hospital doctor rescue, but still failed to save Liu's life, the doctor diagnosed his death because of sudden cerebral hemorrhage.
He is not a company employee
Should not be liable for its death
After the incident, the truck driver Xu believes that his mood is indeed too excited. Liu's death is indeed related to himself, so he is willing to compensate Ms. Wu's family for some losses. After an agreement was reached with Ms. Wu's family, the freight car driver Xu compensated her for 50000 yuan and settled a dispute between the two parties.
Later, Ms. Wu repeatedly communicated with the Property Company of the residential area to negotiate compensation for the accident. However, the property company believes that Liu suffers from a variety of diseases and is not in good health, and Liu is not a staff member hired by the property company, therefore, property companies should not be liable for the death of Liu.
Ms. Wu does not accept this. She believes that although her husband's Network POS host Liu did not sign a formal contract with the property company, he was not on duty for two days in the Community guard, and many people in the community knew Liu, therefore, Liu should be an employee of www.syzczx.com. In addition, the dispute between Liu and the truck driver Xu also follows the Management Regulations of the property company to safeguard the rights of the property company. Therefore, the property company should assume part of the responsibility for Liu's death.
To this end, Ms. Wu took the property company to court in a paper and demanded compensation from the property company. She listed 16 thousand yuan in funeral expenses, 0.43 million yuan in death compensation, and 60 thousand yuan in mental damage relief, totaling 0.506 million yuan.
My husband's wife goes to work and suffers a sudden cerebral hemorrhage. Should the company compensate?