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Two workers in Hangzhou fell from the 10th floor while installing an air conditioner. Should the owner be held responsible? Lawyer's interpretation

2024-08-27

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According to Zhejiang Daily Group’s “Chao News”, on August 25, two workers in Hangzhou accidentally fell from the 10th floor while installing an air conditioner for the owner. According to residents of the community, the two workers were removing the air conditioner’s outdoor unit and preparing to install a new air conditioner for the landlord. The two fell before the outdoor unit was removed. The police said that a fall from a building did occur in the community that morning, and the identity of the injured and the cause of the fall are still under investigation.

After the incident, netizens expressed their concern for the workers. From a legal perspective, what should workers do to prevent such accidents?

A reporter from Xiaoxiang Morning News interviewed lawyer Yao Zhidou from Beijing Jingshi Law Firm. He said that first, installation workers must obtain special operations qualifications, and secondly, they must undergo necessary training in high-altitude operations and safety precautions. Finally, during construction, the working environment must be checked and verified, and protective measures must be taken in advance.

In the comment area, in addition to caring about the workers, some netizens also expressed the question of whether the owner would also be responsible for such an incident. In similar incidents, the owner hired a worker to install the air conditioner, and the worker fell from the building. Would the owner be responsible? Yao Zhidou said that both parties may be responsible. According to the first paragraph of Article 1,192 of the Civil Code, "If the party providing the labor service is harmed due to the labor service, the parties shall bear corresponding responsibilities according to their respective faults." If the owner entrusts an individual rather than a unit with corresponding qualifications to perform the installation work, or entrusts an unlicensed person to perform the installation work, there is selection fault and the corresponding fault liability should be borne.