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前不久,我与小区保安发生争执,保安戴某大打出手,造成我小腿粉碎性骨折,事后.物业公司以戴某未执行管理规定欧打居民为由,将其辞退,戴某下落不明,我出院后,要求物业公司赔偿损失。物业公司拒绝赔偿.理由是公司与戴某签订的聘用合同规定.戴某工作期间,如违反管理规定造成他人损害,由其本人承担一切责任:公司现已将戴某辞退,我应该去找戴某本人承担赔偿责任。请问,小区保安伤人,物业公司是否要求承担赔偿责任? 读者:汪纯莉律师解答:从来信所反映情况分析,我们认为,物业公司与戴某签汀的“一切责任由其本人承担”的合同条款,规避法律,损害第三人利益,因而是无效的,物业公司应当依法承担赔偿责任。最高人民法院《关于审理人身损害赔偿案件适用法律若干问题
Not long ago, I had a dispute with the district security, security Dai fight a fierce blow, causing my crus fractures, afterwards. Property companies in order to prevent the implementation of the provisions of the management of Europe, Europe residents on the grounds of dismissal, Dai missing whereabouts, I After discharge, property companies are required to pay damages. Property companies refused to pay the reason is the company and Dai signed a contract of employment.Dai Mou during the work, as a violation of the regulations cause damage to others, by himself responsible for all: the company has dismissed Dai, I should go to wear I assume the responsibility of compensation. May I ask, residential security wounding, the property company is required to assume liability for compensation? Readers: Wang Chunli lawyers answer: Since the letter reflects the analysis of the situation, we believe that the property company and Dai Mountou “all responsibility borne by himself ” Contract terms, circumvent the law, damage the interests of third parties, and therefore is invalid, the property company shall bear the liability for compensation according to law. Supreme People 's Court, Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases