The Analysis Of The Case Of Personal Injury Between The Plaintiff Li And The Defendant Wang

With the development of the rural economy and society, the level of income of rural residents increased, more and more activities and construction, improve the living environment for living in the vast rural areas to repair their houses. Because of the rural construction market low profit margin, the formal construction enterprise qualification of building most of this field of interest is not large, making all kinds of no qualification of rural construction team became the subject of rural housing construction. Because of the lack of rural construction supervision of the weak and the rural construction team construction quality, construction safety consciousness, building the rural residents in personal injury incidents.This case is a typical case of rural housing personal injury, the defendant Wang will own the house roof repair work to the rural construction foreman accused Tang do, accused Tang and waterproof engineering works which give the defendant Zhang, the defendant Zhang hired plaintiff Li completed the waterproof work. The defendant Lee during the operation accident injury after falling from a building, after the injury Wang, Tang, Zhang jointly sued to the court, the court during the trial, the plaintiff and defendant in nature and bear the responsibility of all parties had a heated debate:the main respondent Wang and the defendant Tang employment relationship between, building construction contract relationship and contract relationship; the existence of the employment relationship and the relationship between the defendant Zhang and Tang; the defendant Zhang and the existence of the employment relationship and partnership between the defendant Lee battle. According to contract law, tort law and other laws and regulations, combined with relevant legal form can be obtained:the employment relationship between the plaintiff and the defendant Zhang, the defendant Zhang should bear the responsibility of employers; the defendant Zhang and Tang between constitution relationship, the defendant Tang shall bear the hirer indicating negligence liability; the defendant Wang and the defendant Tang constitute a contract relationship, the defendant Wang should bear the hirer selection fault liability; the plaintiff as construction workers should take the duty, to its own injury should also bear some responsibility.Therefore, for the ongoing rural housing personal injury events, in addition to the people’s court to apply the law correctly, other relevant functional departments should also reinforce supervision and management of rural construction and team, improve and perfect the rural construction supervision and management system, gradually implement compulsory accident casualty insurance of rural construction personnel, construction safety knowledge publicity and education activities and other measures, as far as possible to reduce the rural construction casualty accident rate, maintaining the rural social harmony and stability.