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an air conditioner installer in liuzhou did not pay attention to safety regulations and did not wear a safety rope during the installation process. he fell to his death due to the broken anti-theft net he stepped on. the installer's relatives sued all parties involved in the incident to the court. on september 11, the guangxi high court announced this case: the deceased was responsible for 70% of the responsibility, the other two parties were responsible for 30%, and the homeowner was not responsible.

air conditioner installer falls to death

family members seek compensation of one million yuan

last august, liuzhou resident chen yu (pseudonym) bought an air conditioner on a shopping platform. a refrigeration engineering company in liuzhou contracted the platform's air conditioner installation service and assigned the order to wei zun (pseudonym), an air conditioner installation master registered with the company.

according to the requirements of the refrigeration engineering company, the installation master who accepts the order must choose a partner from the installation personnel registered within the company to complete the installation work together. since wei zun's previous installation partner was not available, wei zun invited his friend and old partner zhao zhou (pseudonym), who is not from the company, to install together.

when the two were dismantling an old air conditioner for the owner chen yu, zhao zhou stepped on the anti-theft net and reached out to take the air conditioner. the anti-theft net broke accidentally, and zhao zhou fell from the 8th floor to the ground and died along with the anti-theft net.

zhao zhou's relatives believed that wei zun, the refrigeration engineering company and the owner chen yu had an unshirkable responsibility for zhao zhou's death, and sued the three to the yufeng district people's court of liuzhou city, demanding that they pay death compensation, funeral expenses, medical expenses, etc. totaling more than 1.02 million yuan.

the court ruled that the deceased was responsible for 70% of the

no liability for homeowners

after hearing the case, the yufeng district court held that the refrigeration engineering company was well aware that the installation of air conditioners required the cooperation of at least two people, but when assigning work tasks, it only designated wei zun and did not arrange other partners. it also assigned orders to wei zun many times, leaving the obligation of selecting auxiliary installation staff to wei zun on his own, and paid wei zun the consideration for the joint services including zhao zhou. the legal relationship between wei zun and zhao zhou as the joint providers of services and the company as the recipient of services should be recognized.

when zhao zhou was dismantling the air conditioner at a height, he did not wear a safety belt as required and stepped on the window anti-theft net to connect the air conditioner connecting pipe (copper pipe), causing it to fall to the ground along with the anti-theft net. as the party receiving the labor service, the refrigeration engineering company did not promptly discover and stop the illegal behavior of the employees who privately recruited people who were not related to the company to dismantle and install the air conditioner, and bears secondary responsibility. wei zun privately recruited people who were not related to the company to dismantle and install the air conditioner, and did not remind and stop zhao zhou's behavior that did not meet the safety and technical requirements, and should bear part of the compensation liability.

as the purchaser of the air conditioner and the owner of the anti-theft net, chen yu has no obligation to assist in the dismantling and installation of the air conditioner. he did not provide any instructions or help during the installation process. the anti-theft net itself does not have the function of being stepped on. chen yu has no obligation to remind people not to step on the anti-theft net during the dismantling and installation of the air conditioner, and he is not responsible for the damage to zhao zhou.

taking into account the degree of fault of each party, the court decided that the refrigeration engineering company should bear 20% of the compensation liability for zhao zhou's damages; wei zun should bear 10% of the liability; and the remaining 70% of the liability should be borne by zhao zhou himself.

the yufeng district court made a first-instance judgment: the refrigeration engineering company compensated zhao zhou's relatives more than 170,000 yuan; wei zun compensated zhao zhou's relatives more than 100,000 yuan.

zhao zhou's relatives, the refrigeration engineering company, and wei zun were dissatisfied with the first-instance judgment and filed an appeal. after hearing the case, the liuzhou intermediate people's court made a final judgment of "rejecting the appeal and upholding the original judgment."

the judge reminded that safety in production is an insurmountable "red line" and safety must always be put first. employers should establish a sound safety management system, strictly review the qualifications of laborers, strengthen safety training, standardize operations and reasonably avoid risks. risks cannot be transferred to service providers in order to reduce management costs. at the same time, service providers should enhance their own safety awareness, improve their operating skills, strictly abide by safety operating regulations, and fulfill necessary reminders and increased attention obligations to co-providers of labor.