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Back台南建案工人自鷹架墜亡 院方認定兩公司未落實安檢判連帶賠償
台南建案工人自鷹架墜亡 院方認定兩公司未落實安檢判連帶賠償
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自由时报7 hours agoLaw2 min readChina

台南建案工人自鷹架墜亡 院方認定兩公司未落實安檢判連帶賠償

陳姓鷹架工人失足命喪建案工地,台南地方法院認定營造與承攬商未落實工地督導及危害告知,判決兩公司須連帶賠償家屬178萬8343元。

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台南陳姓鷹架工人去年在建案工地墜樓身亡,家屬控訴上游廠商工安缺失。台南地院認定營造與承攬商未落實工地督導及危害告知,且工人自身負百分之十過失,判決兩公司須連帶賠償家屬178萬8343元,全案可上訴。

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Why It Matters

去年3月陳姓工人於台南「南灣之星」建案進行鷹架維護時失足墜樓身亡。

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陳姓鷹架工人失足命喪建案工地,家屬向上游廠商究責,台南地方法院認定營造與承攬商未落實工地督導及危害告知,判決兩公司須連帶賠償家屬178萬8343元。

去年3月,呈伸工程行派陳男至台南的「南灣之星」建案進行鷹架維護,陳男於四樓陽台作業時,自施工架與外突梁間隙踩空,墜落三樓平台,因現場無防墜網且未繫安全帶,陳男頭部重創不治。陳母事後雖與呈伸工程行以30萬元和解,但認為上游森進營造與宇浩企業社亦涉工安缺失,進而提告求償。

兩上游包商均在庭上喊冤,宇浩主張合約已明定下游須配戴防護,意外是雇主的疏失。森進則抗辯工程全數發包無共同作業,且已訂定安全計畫,雙方更指陳男將安全帽頷帶固定在帽頂未正確配戴,本身有重大過失,上游不應負擔賠償。

法官查明,森進現場主任事發時與下包在同場域屬共同作業,卻未設協議組織與落實巡視;宇浩轉包時亦未落實危害告知。上游包商消極不作為致現場缺防墜設施,均構成共同侵權。不過,陳男未正確配戴安全帽導致無從保護頭部,法官認定須負百分之十過失責任。

經核算扶養費與慰撫金並扣除過失比例後,總損害為268萬2514元。因法院判定呈伸、宇浩與森進應平均分擔,扣除陳母已領取的30萬元和解金及依法同免責任額度後,判決森進與宇浩須連帶賠償178萬8343元。全案可上訴。

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  • 案件可上訴,雙方或將進入二審程序

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  • 被告公司是否會提起上訴?

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