Xiao Gang, a junior college student, was hired to work in an advertising company during the summer vacation and was responsible for distributing leaflets. On this day, Xiao Gang was riding an electric bicycle after finishing work and was about to return to the company to check in, when he accidentally scraped down a passerby and was hospitalized with injuries. Who should pay for the medical expenses of the injured person?
- Advertising companies can be asked to bear the responsibility.
Paragraph 1 of Article 1191 of the Civil Code If a staff member of an employer causes damage to others due to the performance of work tasks, the employer shall bear tort liability. After the employer bears tort liability, it may seek compensation from the employee who has intentionally or grossly negligently.
It can be seen from this that "causing damage to others due to the performance of work tasks" is a prerequisite and core element for an employer to assume vicarious liability. In this case, although the electric vehicle driven by Xiao Gang was not distributed by the company, considering that the destination of the leaflet distribution was far away from the company, Xiao Gang chose to drive the electric vehicle on his own, which was not malicious, and the company never gave him an instruction to prohibit driving and traveling. Therefore, it should be determined that when Xiao Gang returned to the company after handing out leaflets and had an accident on the way to clock out from work, it still fell within the scope of performing work tasks. The loss of the injured person should be borne by the advertising company.
The Civil Code - an encyclopedia of social life
Broadcast Production: Guo Lan
Article source: Original Jilin News Comprehensive Broadcasting
Editors: Guo Lan, Wang Haoyi
Review: Hao Zili
Producer: Zhao Min, Zhong Xiao
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