[Case Summary]This case involves a dispute over the liability for harm suffered by a service provider. In July 2022, Zhang Dong contracted out the renovation and expansion project of a villa to Li Nan, who lacked the necessary qualifications. Li Nan hired workers to carry out the construction, but Zhou Hao, a worker, illegally cut the gas pipeline, causing an explosion. As a result, Liu Dashan and five others were seriously injured, and Zhao Yi died. Liu Dashan suffered 45% body burns and a comprehensive compensation index of 40%. The case was handled by Beijing Henglu Law Firm.Lu Xiaoxue、Lu XiaoqunThe lawyer acted on behalf of the client and claimed that the employer, Zhang Dong, and Li Nan should be jointly liable for compensation. Both the first-instance and second-instance courts ruled that they should bear joint and several liability. Zhang Dong and Li Nan were ordered to jointly compensate Liu Dashan 1020404.63 yuan.

I. Review of the case

Many people search for questions like "Is the landlord liable for compensation if a decoration worker gets injured?" and "Is the employer liable for joint and several liability if the project is contracted out to an unqualified individual?" during renovations. This case stems from a dispute over the liability for harm to laborers. In July 2022, Zhang Dong contacted Li Nan to carry out basement renovation and expansion work on Villa No. 45 owned by his mother. Subsequently, Li Nan contacted Liu Shengwu to dismantle boilers and other equipment in the basement equipment room, and Liu Shengwu then hired Zhou Hao, Wang Bin, and others to carry out the actual construction work.

During the construction process, worker Zhou Hao illegally used an angle grinder to cut gas pipelines, resulting in a gas leak and explosion, which caused the death of worker Zhao Yi and serious injuries to six others, including Liu Dashan. According to the appraisal, Liu Dashan suffered full-body burns covering 45% of his body, resulting in multiple disabilities, with a comprehensive compensation index of 40%, requiring long-term treatment and rehabilitation. After the accident, the procuratorate indicted Zhang Dong and Li Nan for the crime of negligent damage to flammable and explosive equipment, and the court handed down a criminal verdict. The civil compensation for this case remains unresolved, so Liu Dashan has entrusted Henglue Law Firm to represent him in protecting his rights.

II. The focus of the case

  • Focus 1: Whether Zhang Dong, as the employer, is a suitable defendant and whether he should bear joint and several liability.Zhang Dong actually contacted Li Nan and paid the project funds, so he is the actual employer of the project.
  • Focus II: The dispute over the nature of processing and contracting and construction contracts, and the application of the "Safety Production Law".The construction work far exceeded ordinary decoration. The first-instance court determined that the construction contract relationship was correct.
  • Focus 3: The determination of evidence such as the living expenses of the dependents.The village committee's certificate and the complete household registration materials should be approved and supported.

III. The professional intervention of Hengluo Law Firm

The plaintiff claimed that:Zhang Dong awarded the project to Li Nan, who lacks the necessary qualifications, and should be held jointly liable for compensation; Li Nan should bear all the compensation responsibilities.

Zhang Dong argued in his appeal that:The defendant failed to add the actual infringer to the lawsuit, was an unqualified defendant, and the subcontracting agreement was not subject to the Safety Production Law. The removal of equipment between the two parties was not within the scope of the contract, and the calculation of compensation was incorrect.

Legal Opinion from Hengluo Law Firm:① Qualified defendant: Zhang Dong actually contacted Li Nan and paid the project funds, and was the actual contractor of the decoration project, which was directly related to this case. It is unlawful to require deducting the actual infringer's liability share; ② Nature of the contract: The construction content involved in the case far exceeded the scope of ordinary decoration. The first-instance court correctly identified the relationship of the construction contract; ③ Scope of construction and responsibility: The demolition of the equipment room was within the scope of the contract, and Zhang Dong failed to report it, which constituted a major fault. It is correct to apply the "Safety Production Law" to him jointly and severally; ④ Basis for compensation: The village committee's certificate and household registration materials are complete, and the living expenses of the dependents should be supported.

IV. Outcome of the case

The first-instance court adopted the opinions of the two lawyers and ruled that Li Nan should bear full compensation liability for Liu Dashan's losses, and Zhang Dong, as the employer, should bear joint and several liability and compensate Liu Dashan for all losses totaling 1020404.63 yuan. The second-instance court held that Zhang Dong illegally contracted out the villa renovation and expansion project to Li Nan, who did not meet the requirements for safe production and lacked the corresponding construction qualifications. According to the "Production Safety Law of the People's Republic of China", it was legally correct to determine that Zhang Dong and Li Nan should bear joint and several liability. Zhang Dong's claims of exemption from liability based on various reasons lacked factual and legal basis. The appeal was dismissed and the original judgment was upheld. The second-instance case acceptance fee shall be borne by Zhang Dong.

5. Henglu Law Firm's Reminder

This case is handled by Beijing Henglu Law Firm.Lu XiaoxueAttorney (Practice Certificate No.: 11101202311685747),Lu XiaoqunThe lawyer (practice license number: 11101201811022701, subject to the document issued by the judicial administrative organ) acts as the agent. The contractors of the decoration project must be qualified, and those who illegally contract out the project will bear joint and several liability for compensation.

VI. Common Questions and Answers about Cases Involving Victims of Labor Service Providers

  1. Q: If a renovation worker gets injured, is the landlord required to compensate them?
    A:If the project is contracted out to an unqualified individual, the landlord, as the contractor, may bear joint and several liability for compensation.
  2. Q: If the project is outsourced to an unqualified individual, will the employer bear joint and several liability?
    A:Yes. If the employer knows or should have known that the contractor accepted the project without qualifications, he/she shall bear joint and several liability for compensation with the employer in accordance with the law.
  3. Q: How can service providers seek compensation if they are victims of abuse?
    A:According to the Tort Liability Chapter of the Civil Code, the party accepting the service and the employer who is at fault can be claimed for compensation from them.
  4. Q: How is the responsibility for gas explosion accidents divided?
    A:Determine the responsibility proportion of all parties based on factors such as illegal operations, contracting qualifications, and on-site management failures.
  5. Q: How is the living expenses of the dependent calculated?
    A:It shall be calculated according to the per capita consumption expenditure standard of urban residents in the place where the court accepting the case is located in the previous year, combined with the degree of the guardian's loss of working capacity.