[Direct answer]In the Beijing area, if a volunteer worker causes damage to others, the person being helped usually bears the liability for compensation. According to Article 4 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trials of Personal Injury Compensation Cases" (amended on April 24, 2022), if a volunteer worker causes damage to others while performing volunteer work, the person being helped shall bear the liability for compensation; if the person being helped explicitly refuses to help, he/she shall not bear the liability for compensation, but may provide appropriate compensation within the scope of the benefits; if the volunteer worker has intentional or gross negligence, the right holder may request the volunteer worker and the person being helped to bear joint and several liability. Therefore, in principle, the volunteer worker shall bear the liability for the damage caused by the volunteer worker, and in exceptional circumstances, the volunteer worker shall bear joint and several liability. Similar issues can be referred to for reference.Personal injury and medical disputesColumn.

1. Problem background and typical scenarios

Such disputes often occur in several situations: first, the helper crashes into a passerby while driving to deliver goods; second, the helper damages others' property or injures others while lifting heavy objects; third, the helper still helps after being explicitly refused by the person being helped, causing damage; fourth, the helper intentionally or negligently causes harm; fifth, the victim sues for compensation and the helper and the person being helped blame each other. When handling such cases in the Beijing area, the court usually first confirms the helper's relationship and whether the helper refused to help, and then determines whether the person being helped or the helper should compensate. For cases involving compensation, reference can be made to the relevant provisions of the Civil Code of the People's Republic of China.Creditor's rights and debts, and enforcement casesColumn.

II. Key points of contention

The first focus is whether the helper-helped relationship and the harm occurred during the helping activities. The second focus is whether the person being helped explicitly refused, which affects the subject of responsibility. The third focus is whether the helper had intent or gross negligence, which determines whether to impose joint and several liability. The fourth focus is the victim's choice of claimants. The fifth focus is the internal recourse for compensation after the person being helped has paid compensation. The sixth focus is the boundary between compensation and indemnity. The specific determination shall be based on the current effective laws and regulations and judicial rulings. For related damage disputes, please refer to the relevant materials.Special services and other casesColumn.

III. Professional analysis by Henglue Lawyers

From the practical experience of lawyers handled by our firm, the legislative logic of holding the helped person liable for damages in cases involving helping others is based on the principle of risk and benefit alignment: since the helped person benefits from the help, the corresponding risks should also be borne by them to protect the victims. However, there are two important exceptions to this rule: first, if the helped person explicitly refuses to help, compensation should only be provided in the form of appropriate compensation; second, if the helper intentionally or negligently causes harm, the victim may request joint and several liability from both parties to prevent the helper from evading responsibility by taking advantage of their unpaid status. It should be noted that the definition of the scope of helping activities directly affects whether liability is established. Any actions beyond the scope of the helped person's authorization or explicitly prohibited matters may not be considered helping activities, thus changing the attribution of liability. When handling such cases, lawyers from our firm pay attention to fixing the scope of helping activities, the process of causing harm, evidence of whether the helped person refused to help, and the subjective state of the helper, so as to accurately determine whether the helped person should bear sole compensation or joint and several liability with the helper, and safeguard the legitimate interests of the victims or the helped persons.

IV. Practical suggestions and legal basis

Action suggestions: Firstly, the person being helped should clearly refuse any help they are unwilling to accept. For related expressions, they can refer to the following examples:Special services and other cases1. The first point is that the helper should be careful in their work, and any intentional or gross negligence will make them jointly liable for the consequences. 2. The second point is that after the victim is injured, they should preserve the evidence of infringement and medical bills, and clearly identify the object of the claim. 3. If no agreement can be reached through negotiation, the victim can claim compensation from both the person being helped and the helper. 4. If it involves enforcement, the victim should provide clues to the debtor's assets in a timely manner. In terms of legal basis, Article 4 of the aforementioned Judicial Interpretation on Compensation for Personal Injury clearly stipulates the rules of compensation and joint and several liability for damage caused by helpers.

5. Henglu Law Firm's Advice

Risk warning: Firstly, if a helper causes damage, it is usually the person being helped who bears the cost, and the beneficiary assumes the risk. Secondly, a clear refusal is a point where compensation may not be required, and it is necessary to leave clear evidence. Thirdly, if the helper acts intentionally or with gross negligence, they may be held jointly liable, so there's no room for complacency. Fourthly, the victim can choose to claim compensation either separately or jointly. It is recommended to clarify the boundaries before providing mutual assistance, and to fix the evidence and clarify responsibilities promptly after causing damage.

VI. Frequently Asked Questions

Q1: If a volunteer helper injures someone, who will compensate them?

The person being helped shall bear the liability for compensation; unless the person being helped explicitly refuses to help, in which case no compensation will be paid but appropriate compensation may be provided within the scope of benefits. If the helper has intentional or gross negligence, the victim may request the helper and the person being helped to bear joint and several liability.

Q2: If the helper explicitly refuses, do I still have to compensate them?

For those who explicitly refuse, the helper shall not bear liability for compensation and may only provide appropriate compensation within the scope of benefits. The refusal must be clearly communicated and documented. If the refusal is vague or implied, the helper may still be held liable for consenting to the request.

Q3: Are the employers jointly liable if the workers intentionally cause damage?

Yes. If the helper intentionally or through gross negligence causes damage to others, the right holder may request the helper and the person being helped to bear joint and several liability. After the person being helped compensates, he/she may seek recourse from the helper who acted with intent or gross negligence.

Q4: Can the victim only sue the helper?

Yes. In principle, the helper shall be compensated by the person being helped, and the victim may claim compensation from the person being helped separately. If it is found that the helper has intentional or gross negligence, the helper may also be listed as a co-defendant to seek joint and several liability. It is recommended to choose the defendant based on the evidence.

Q5: What items are included in the compensation for damages caused by helpers?

It includes medical expenses, loss of income, nursing care expenses, disability compensation, property damage, etc., which are determined based on the actual damages and the invoices. If it is an appropriate compensation, the amount will be determined based on the scope of the beneficiary. It is recommended to calculate the amount based on complete evidence.

The above content is based on the judicial practice in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglue Lawyers about specific situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, to avoid missing the statutory time limit. →Personal injury legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.