Traditional Culture Encyclopedia - Traditional festivals - The old man fell down in the nursing home. Is the nursing home responsible?
The old man fell down in the nursing home. Is the nursing home responsible?
Legal analysis: the nursing home is responsible for the elderly falling down in the nursing home. If the elderly are injured by other people in the same hospital, the nursing home needs to bear the responsibility unless it can be proved that it has fulfilled the necessary guardianship responsibility. If it cannot be proved, it shall be liable for compensation. If the elderly are injured by nursing staff in the nursing home, the nursing home will assume the responsibility of substitution and full compensation because the nursing staff and nursing home belong to the relationship between employees and employers. If it reaches the level of abuse, the relevant personnel may constitute a criminal offence.
Legal basis: Article 189 of the Civil Code of People's Republic of China (PRC). If a person with no capacity for civil conduct or a person with limited capacity for civil conduct causes damage to others, and the guardian entrusts guardianship to others, the guardian shall bear tort liability; If the trustee is at fault, he shall bear corresponding responsibilities.
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