Typical Cases of Civil Disputes Involving Elderly Care Services Released by the Supreme Court

2024-02-21

On the 20th, the Supreme People's Court released typical cases of civil disputes related to elderly care services, aiming to standardize the content of elderly care services through judicial judgments, guide the healthy operation of elderly care institutions, protect the legitimate rights and interests of the elderly in accordance with the law, and assist them in caring for their elderly with peace of mind. As a place of operation, elderly care institutions have a safety guarantee obligation for the elderly who stay. If they fail to fulfill this obligation and cause damage to the elderly, they should bear the liability for infringement. In the case of Wang's lawsuit against a certain nursing home over the right to life, body, and health, the bathroom on the first floor of the nursing home produced carbon monoxide during the operation process, which penetrated into the rooms where the elderly lived, resulting in their death. The people's court believes that the elderly care institution failed to fulfill its safety protection obligations and constituted a joint infringement with the operator of the bathroom, and both should bear joint and several liability. As a business venue dedicated to providing services for the elderly, elderly care institutions should carry out aging friendly renovation of their premises and facilities to provide accessible services for the elderly. In the case of a dispute over the responsibility of the operator and manager of a certain elderly care center's business premises and public places, there was a manhole cover that was higher than the ground on the daily road of the elderly care center. The elderly person who stayed in was tripped and injured by the manhole cover. The people's court believes that the elderly care institution did not carry out aging friendly renovation on its premises, and there is a fault in the occurrence of the damage consequences. It is determined that it shall bear 60% of the responsibility. Elderly care services are the core content of elderly care service contracts. The elderly care services provided by elderly care institutions shall comply with the contractual provisions and quality and safety standards. In the case of a dispute over a service contract with a certain company, the elderly care service contract stipulated that the elderly care base was located in Chongqing, but the elderly person was arranged to receive elderly care services in Yunnan, Sichuan and other places not due to their own wishes. The people's court believes that the frequent changes in service locations by elderly care institutions violate the contractual provisions, and determines that the service contract is terminated, and orders the refund of the remaining elderly care service fees to the elderly. In the dispute case of Wang Moujia's right to life, body, and health in a certain elderly apartment, an elderly person who stayed in suddenly fell due to illness and passed away after being sent to the hospital. The people's court believes that from the process of elderly people's admission, falling, sudden illness, and medical treatment, the elderly care institutions have fulfilled contractual obligations equivalent to their nursing model, so they do not need to bear responsibility. (Lai Xin She)

Edit:Ying Ying    Responsible editor:Shen Chen

Source:GMW.cn

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