Women and cleaning personnel scratch injured to the property company compensation for mental loss costs court so judged

2022-06-23 0 By

Xiaoxiang Morning Post reports that at around 7:30 am on December 23, 2018, xiu Dajie (pseudonym), a cleaning staff of a field management company in Chongqing municipality, found that the garbage bag left by the owner, Miss Cen (pseudonym), was broken when she was doing her usual cleaning work. She knocked on her door and accused her of dumping the garbage on the ground.Cen didn’t think she should wake up and asked her to clean up after herself.The two had an argument, and Then Cen slapped Her in the face. The two sides clawing, and Cen suffered multiple soft tissue injuries in her face and right hand.Miss Cen was injured after the police reported to the police, the same day at 4 PM in the property office to verify the situation and questioned the two people, the police obtained the opinions of both sides, both sides agreed to seek medical treatment after consultation.Miss Cen went to the Third Affiliated Hospital of PLA Army Military Medical University for anti-scar treatment on December 28, 2018, resulting in a medical fee of 715 YUAN.Since then, Miss Cen and a field property management company to negotiate compensation and asked for a discount property fees, the company refused.In December 2021, Cen sued a field property management company, demanding 715 yuan for medical expenses, 150 yuan for transportation and 10,000 yuan for mental damage.Recently, chongqing banan think, the people’s court in accordance with article one hundred and eighty-eight of the civil law general principles of the People’s Republic of China, the law of the People’s Republic of China tort liability law article 34 and article 35, article sixty-seven of the civil procedural law of the People’s Republic of China, providing labor services because Labour causes damage to others from one side of the tort liability by the accept labor party,The employing unit shall be liable for tort if its staff members cause damage to others due to their performance of work tasks.In this case, Miss Cen was injured due to its and a field management company cleaning workers show elder sister in the dispute caused by scratching, regardless of a field management company and show elder sister is employment or labor relationship, not show elder sister in cleaning work and other labor activities or perform work tasks caused Miss Cen was scratched,Therefore, a field property management company’s defense that it is not a suitable defendant in this case is tenable, and the company should not bear the tort liability in this case.Source: Xiaoxiang Morning Post