The qualifications for not repairing the car tires are arbitrary, and it is impossible to escape in the event of an accident. A few days ago, the Zhangjiagang City Court ruled that there was a case of compensation disputes involving the flow of tires.
The plaintiff, Xu, was a self-employed self-employed private-sector, and contracted a contract with a defendant. In October 2016, Xu went to the defendant's company to repair tires for Su's heavy-duty dump truck. During the process of unloading the tire, the steel ring in the tire popped up, causing Xu to be injured. After the hospitalization, the cost of medical treatment was about 370,000 yuan. Xu was not brought to court for damages.
The court held that Xu, as the contractor, had no license to operate, and in the process of repairing the tires, knowing that the tires were damaged, the tires were not deflated and decompressed first, causing the tires to explode with obvious faults; the auto repair company as the fixing party Knowing that Xu had no license to operate, he also handed over the tire repair business to Xu, and there was negligence in the selection. In summary, the court ruled that the defendant compensated the plaintiff for a loss of 30%, and the remaining losses were borne by the plaintiff.
[Judge's Comments] Due to the safety accidents arising from the processing of contractual contracts, the ordering person is not responsible in principle, but the ordering party is at fault in the determination, instruction, and selection, and shall bear the corresponding civil liability for the occurrence of the accident. Therefore, in this case, the contractor has crossed the line without the qualification of the operation, and the decision-making party has the negligence of the selection as the provider. The court made the above judgment reasonable.