Statement of claim for compensation for moral damages for an injury sustained at work (sample). Sample claim for compensation for damage to property Claim for injury on the sales floor

Who will pay for damages if you are injured in a store, office building, porch or indoors? What to do if you are injured? Where to apply for compensation for personal injury?

Damage caused to a citizen's health is subject to compensation in full by the person who caused the harm. If a citizen is injured or otherwise damaged to health, additional expenses caused by damage to health, including treatment and purchase of medicines, are subject to compensation. Compensation for moral damage is also subject to recovery in favor of the victim. (Articles 1064, 1085 of the Civil Code of the Russian Federation).

Possible Injury Cases

There are frequent cases of injury as a result of a fall when descending or ascending from a porch that is not cleared of snow and ice or an unlit staircase in store buildings, offices of companies and institutions. A visitor has a chance of slipping and getting injured not only on the stairs and porch, but also in the premises of enterprises and institutions, as a result of improper wet cleaning or due to the presence of debris on the floor. There are known cases of injuries to citizens in supermarkets as a result of falling shelves of goods.

What is common to these cases is that the guilty person did not provide visitors with the opportunity to safely use the premises and dishonestly fulfilled their duties to take sufficient measures to prevent accidents.

Who is responsible?

In this case, responsibility for failure to ensure safety for visitors lies with the organization or enterprise that operates in the premises in which, or on the approaches to which, the visitor was injured. The guilty organization can be either the owner of the specified premises or its tenant. The organization with which the owner or tenant entered into an agreement for the maintenance and operation of the premises may also be liable for damage caused to a visitor as a result of a fall. It is worth noting, however, that if a citizen is injured as a result of his own careless actions, then the store is at fault, and therefore there is no obligation to compensate for the damage caused.

What to do? Where to file a claim for compensation?

It is worth filing a written claim with the organization on whose premises the injury occurred, stating the essence of what happened, and demanding voluntary compensation for the damage in the amount specified by you.
The legal address to which the claim should be sent by mail can be found on a security sign, usually located at the entrance to the building.
After receiving a negative answer, as well as not receiving any answer, you should file a claim in court to recover damages caused to health.

Evidence of personal injury

As evidence, medical documents should be presented to the court (doctor's certificates, a report from the emergency room, etc.). Evidence will also include testimony about the date, place, and other circumstances of the incident. Evidence of treatment costs will be receipts for drugs purchased in pharmacies, and doctor’s prescriptions for prescribed treatment.

Examples from judicial practice

The court recovered the costs of treatment from the tenant of the store premises

S. filed a claim in court for reimbursement of treatment costs and asked to recover the costs of purchasing medicines, the costs of making photocopies, and the costs of paying lawyers.

The claim is based on the fact that she fell on the porch of a grocery store, hitting the concrete porch area. The cause of the fall was the fact that the wooden flooring was not secured to the porch, the concrete platform under the flooring was covered with ice. According to the report of the forensic medical examination, she suffered a closed comminuted fracture of the right radius bone in a typical place, with displacement, which qualifies as harm to the health of the average person. gravity. Until now, she is undergoing treatment, purchasing medicines and medications, and has undergone a course of therapeutic massage.

The court decision ruled:

S.'s claims against individual entrepreneur E. for reimbursement of treatment expenses are partially satisfied (in terms of recovery of expenses for medicines that the plaintiff really needed for treatment).

At the same time, the court came to the conclusion that responsibility for compensation for damage should be assigned to IP E., since, being an individual entrepreneur, renting non-residential premises for a store, she was obliged to provide visitors with the opportunity to safely use the store, which, taking into account weather conditions were not made (extract from the Appeal ruling of the Kemerovo Regional Court dated September 18, 2012 N 33-9120)

Damage to health caused by a fall from the porch was recovered from the state institution

The plaintiff filed a claim for compensation for damage to health, indicating that she was visiting the administration of the municipality, when leaving the premises on the street, she fell on an unequipped emergency porch, as a result of which she received an injury in the form of a fracture, which is regarded as harm to health of moderate severity. To restore the plaintiff’s health, sanatorium treatment, massage, calcium intake, etc. are necessary.

The court, having examined such evidence as the plaintiff’s explanations, inspection materials> carried out by the OP for the district of the Ministry of Internal Affairs of Russia, witness statements, a doctor’s certificate, a forensic medical examination report, partially satisfied the requirements, collecting from the Municipal State Institution “Improvement” of the municipal formation “Belomorskoe Urban settlement" in favor of the plaintiff, funds in compensation for property damage and compensation for moral damage.

The court indicated that, in accordance with the agreement for the gratuitous use of municipal property, the premises in which the administration was located were in the use of the MKU "Improvement" of the Municipal Municipality "Belomorskoye Urban Settlement", which, according to the terms of the agreement, must, at its own expense, maintain the property in good condition and carry out its current and major repairs at its own expense. Consequently, the appropriate defendant in the case, as the court correctly determined, is the municipal municipality "Blagostroystvo". (extract from the ruling of the Supreme Court of the Republic of Karelia dated July 24, 2012 in case No. 33-2180/2012)

Compensation for moral damage

Compensation was recovered for moral damages caused to health as a result of a store visitor falling on a wet floor

L. filed a lawsuit against the company for compensation for moral damage, indicating that while passing by the supermarket checkout, she slipped on the wet floor and fell, injuring her left arm.

The court decision partially satisfied the claims. Compensation for moral damage was recovered from the company.

Considering the stated claims, the court came to the conclusion that there are grounds for collecting compensation for moral damages in connection with personal injury, because the plaintiff received the injury as a result of the dishonest performance of his duties by the defendant, since the defendant did not take sufficient measures to prevent accidents failing to ensure proper cleaning of the store premises during the winter period. The court established a cause-and-effect relationship between the defendant’s inaction and the infliction of physical suffering on the plaintiff.

The reference of the representative of the defendant in the appeal to the timely cleaning of the store and, as a result, injury to the plaintiff due to her negligence is untenable. The presented cleaning schedule and the order assigning the responsibility for cleaning to one of the saleswomen, in the opinion of the judicial panel, do not themselves confirm these circumstances. (extract from the appeal ruling of the Tambov Regional Court dated May 21, 2012 in case No. 33-1189)

If your child, due to the oversight or negligence of adults, was injured at school or kindergarten, do not let the culprits get away with it, even if they tell you: “How can you keep track of everyone?” For the court, these words mean nothing. By law, your child is required to be kept safe.

In Tobolsk, the mother of a schoolchild contacted the prosecutor’s office with a request to investigate the circumstances of her son’s injury during a physical education lesson. It turned out that the children were performing long jumps. One of the students fell upon landing and hit his back on the floor, as the mat on which he was landing moved to the side. In a fall, the student suffered an uncomplicated compression fracture of the spine. The boy needed serious treatment and long-term rehabilitation. Already at the trial, the victim’s friends said that the mats were indeed constantly sliding.

For this injury, the Tobolsk city court, with the help of the prosecutor's office, managed to recover 150 thousand rubles from the school. compensation for moral damage. In his decision, the judge especially emphasized that the injury occurred during the educational process, which means that the management and teacher of the school should bear responsibility for what happened.

12-year-old Egor, a resident of the city of Zelenogradsk in the Kaliningrad region, was during the summer holidays in a day camp at a local school.

One day the children were taken to the school swimming pool. During class, a boy jumped into the pool from the side and seriously injured his leg and back.

— The child was treated in the hospital for three weeks. I couldn’t attend school for more than six months and studied at home. Due to a spinal injury, I couldn’t sit down for a long time; everything could only be done while standing. I had to wear a corset for a long time...

At the request of the relatives, a commission was appointed at the school to investigate the incident. But the commission members did not recognize the fact that the accident with the child occurred on school grounds.

As required by current legislation, when children were sent to school camp, they were insured under a collective accident insurance agreement.

However, insurers refused to pay the insurance. This was the last straw, and the relatives filed a lawsuit against the insurance company and the school that organized the summer camp.

As a result, legal expenses were also paid from

school budget.

WHAT LAWS ARE ON THE SIDE OF CHILDREN AND PARENTS

Let us cite the articles of law that the court referred to and that we need to refer to in similar circumstances.

By virtue of Art. 1064 of the Civil Code of the Russian Federation, harm caused to the person or property of a citizen is subject to compensation in full by the person who caused the harm.

/In accordance with paragraph 3 of Art. 32 of the Federal Law of the Russian Federation “On Education”, an educational institution is responsible for the life and health of students and pupils during the educational process.

/According to paragraph 14 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated January 26, 2010 No. 1 “On the application by courts of civil legislation regulating relations under obligations resulting from harm to the life or health of a citizen”, in the event of harm to minors (including to oneself ) during the period of his temporary stay in an institution, including an educational one, he is obliged to compensate for the damage caused, unless he is able to prove that it did not arise through his fault during the implementation of supervision.

If, God forbid, a child is injured in a children's educational institution, the following steps must be taken.

Go to the emergency room or hospital. It is necessary to ensure that the medical documents record that the injury was received at a children's camp, school, etc.

Try to obtain testimony from witnesses, record expenses for medical care and medications.

Khromykh Larisa Georgievna(06/16/2015 at 08:53:45)

Hello!

In case of a work-related injury, the employer is always the defendant. However, it is necessary to follow the pre-trial procedure for resolving the dispute and collect evidence that you are right.

The Constitution of the Russian Federation states that an employee has the right to work in conditions that meet safety and hygiene requirements (Part 3 of Article 37), everyone is guaranteed social security by age, in case of illness, disability, loss of a breadwinner and in other cases established by law ( Part 1 Article 39). This is echoed by the Russian Federation (Article 219).

Payment in connection with an accident occurs from the day the accident occurred. The main document that confirms the accident is. If an employee has lost the ability to work for a long time or forever, a medical and social examination is carried out, an accident report in form N-1 and/or an occupational disease report is drawn up, and a medical and social examination conclusion is drawn up.

Currently, the following types of social insurance coverage are provided:
. temporary disability benefits due to an industrial accident (100% of the average earnings);
. a one-time insurance payment, payment is made only once, immediately upon the fact of illness (injury). If it later turns out that the person suffered more than it seemed at first, this payment cannot be recalculated.;
. monthly insurance payment;
. payment of additional expenses related to the medical, social and professional rehabilitation of the insured (including payment for vacation in addition to the annual basic one for the entire period of treatment and travel to the place of treatment and back).

In addition to mandatory payments, the company has the right to provide other compensation or payments in a larger volume.

If the insured person died as a result of an industrial accident, then his relatives - children, as well as disabled persons dependent on the deceased (or such right after death) will receive compensation.

The maximum amount of these insurance payments is established in the Social Insurance Fund budget every year. The maximum limit for payment of additional expenses for medical, social and professional rehabilitation of the insured, as well as the conditions and procedure for payment are determined by the Regulations on the payment of additional expenses for medical, social and professional rehabilitation of insured persons who suffered health damage due to industrial accidents and occupational diseases, approved by the Resolution Government of the Russian Federation dated May 15, 2006 No. 286.

In the event of an occupational illness, the average monthly earnings can also be determined for the last 12 months of work preceding the incident that resulted in the illness. When calculating benefits, all positive changes in the victim’s salary must be taken into account: bonuses, upward indexation, etc. (clause 10 of Resolution of the Plenum of the RF Armed Forces No. 2).

If in the end the employee does not have enough money that the Social Insurance Fund will reimburse him, he can receive additional funding directly from the employer who caused the accident. To do this, the victim needs to sue the employer.

In your case, as I understand it, you did not follow the correct procedure - therefore, write a statement to the employer demanding to provide you with a report of an industrial accident and a complaint to the labor inspectorate that nothing was done in a timely manner.

I live in a house served by the defendant. I fulfill my obligations under the contract by regularly paying the established fee for maintenance and routine repair services. The defendant did not ensure the safety of the services provided, which resulted in harm to my health.
______________ years, heading to ________________________, leaving the entrance No.___________ of house No.___________, located at the above address, I slipped and fell. When she fell, she hit _____________________________________________.
When I went to the trauma center, I was diagnosed with _________________________________. after which I was referred to a neurosurgeon. The cause of the fall was heavy ice and the lack of salting and sanding of the porch of entrance No. _______________________ house No. __________________________, located at the above address. According to the land plan of the apartment building, the designated place of my fall in the attached diagram is located on the adjacent territory of the above-mentioned apartment building. On the basis of Management Agreement No. ________________________, the maintenance of the local area of ​​the apartment building in which I live in proper condition is the responsibility of the Supreme Management Organization. Thus, as a result of your failure to fulfill your obligations to properly maintain the local area, I was caused physical harm and moral harm.
During outpatient treatment, I purchased medications in the amount of _________________ rubles,
which is confirmed by receipts ____________________ (receipt data).
I was forced to be on sick leave. From the moment the event occurred until now, I have constantly experienced severe pain, for a long time I will not be able to lead an active lifestyle, play sports, and at the same time I have a fear of possible consequences after a fall, all this together has caused me severe moral and physical suffering .
Resolution of the State Committee of the Russian Federation for Construction and Housing and Communal Sector dated September 27, 2003 No. 170 approved the “Rules and Standards for the Technical Operation of the Housing Stock,” paragraph 3.6.8 of which provides for the obligation of the organization performing the duties of managing an apartment building during the winter period. In case of ice and slippery conditions, sprinkle sidewalks, walkways and courtyard areas with sand.
Paragraphs 1, 3 of Article 401 of the Civil Code of the Russian Federation provide that a person who has not fulfilled an obligation or has performed it improperly is liable if there is guilt.
According to Article 1064 of the Civil Code of the Russian Federation, harm caused to the person or property of a citizen is subject to compensation in full by the person who caused the harm. Responsibility for causing harm rests with the person who caused the harm.
At the same time, according to Art. 1095 of the Civil Code of the Russian Federation, Article 14 of the Federal Law “On the Protection of Consumer Rights”, harm caused to the life, health or property of a citizen due to design, production, prescription and other defects of a product (work, service) is subject to compensation in full by the person who performed the work or provided service (by the performer) regardless of guilt and whether the victim was in a contractual relationship with him or not.
According to clause 2.3 of Article 161 of the Housing Code of the Russian Federation, “when managing an apartment building by a management organization, it is responsible to the owners of the premises in the apartment building for the provision of all services and (or) performance of work that ensure the proper maintenance of the common property in this building and the quality of which must meet the requirements technical regulations and rules established by the Government of the Russian Federation for the maintenance of common property in an apartment building..."
The rules for maintaining common property in an apartment building, approved by Decree of the Government of the Russian Federation of August 13, 2006 No. 491, in paragraph 10 establish, in particular, that “common property must be maintained in accordance with the requirements of the legislation of the Russian Federation (including sanitary and epidemiological welfare of the population, technical regulation, protection of consumer rights) in a state that ensures - safety for life and health of citizens.
At the same time, according to clause 42 of these Rules, it is “the management organizations... who are responsible to the owners of the premises for violation of their obligations and are responsible for the proper maintenance of the common property in accordance with the legislation of the Russian Federation and the contract.”
In accordance with Art. 1085 of the Civil Code of the Russian Federation, in the event of injury to a citizen or other damage to his health, the victim’s lost earnings (income) that he had or could definitely have, as well as additional expenses incurred due to damage to health, including expenses for treatment, additional food, purchase medications, prosthetics, outside care, sanatorium treatment, purchase of special vehicles, preparation for another profession, if it is established that the victim needs these types of help and care and is not entitled to receive them free of charge.
Furthermore, in accordance with Art. 151 of the Civil Code of the Russian Federation and the Resolution of the Plenum of the Armed Forces of the Russian Federation dated December 20, 1994. No. 10 “Some issues of application of legislation on compensation for moral damage”, moral damage is recovered in the event of a violation of a citizen’s personal non-property rights. The improper execution by your service organization of its assigned powers led to my difficult moral and psychological experiences.

Based on the foregoing,
Ask:
To recover from the defendant in favor of the plaintiff:
1) for damages - __________________
2) for compensation for moral damage
3) fine for failure to voluntarily meet consumer requirements

Claim for non-compliance with safety regulations. The applicant arrived at the store to purchase a gift. At this time, the store was cleaning the premises in the form of washing the floors. While moving towards the escalator, in the area where the premises were being cleaned, the applicant suddenly slipped and fell, resulting in injury. The applicant demands that the store pay the money spent on treatment.

«_________________»
(address)____________________________________________

from: (full name)________________________________________
(address)__________________________________________

CLAIM

I am _____________ together with my daughter __.__.____. arrived in “______________” to purchase a gift for her grandson.
Due to the fact that during our stay at "____________" the premises were cleaned in the form of mopping the floors, the floor covering at "_________" was wet, and there were no warning signs or warnings from the cleaning staff themselves.
Moving towards the escalator, in the place where the room was being cleaned, I suddenly slipped and fell, as a result of which I was injured and was taken by ambulance to _____________, where I was given first aid and diagnosed with __________________. This circumstance is confirmed by certificate ____________ No. _________ dated __.__.____.
Due to the fall in the period from __.__.____. by __.__.____ I was treated in __________________, where I was diagnosed: ___________________, which is confirmed by ___________________ dated __.__.____.
Based on the results of the treatment, I was issued an invoice for _________ No. ___ dated __.__.____, as well as an addition to invoice No. __ for the total amount of ____________ rubles.
In support of the said invoice, attached is a list of services actually provided to me during treatment at ______________ and their cost.
In addition, in addition to these expenses, I was forced to incur additional expenses in the form of overhead expenses “_________________”.
The cost of the treatment, taking into account overhead expenses “_____________”, amounted to _________ rubles, which is confirmed by a receipt ________ dated __.__.____.
The specified funds were paid in full. Receipt for cash receipt order No. ____ dated __.__.____.
Moreover, in addition to the above expenses, I incurred expenses in the form of:
- payment for ambulance services in the amount of ______ rubles.
- cost ______________ in the amount of _____ rubles.
In addition, as a result of the injury, I am completely deprived of the opportunity to work, i.e. there is a complete loss of ability to work.
According to , harm caused to the person or property of a citizen, as well as harm caused to the property of a legal entity, is subject to compensation in full by the person who caused the harm. By law, the obligation to compensate for harm may be imposed on a person who is not the cause of harm. The law or contract may establish the obligation of the harm-doer to pay compensation to the victims in excess of compensation for harm.
According to information provided by the employees of “__________”, cleaning of the premises in ________ is carried out by employees of LLC “___________” on the basis of Agreement No. ________ dated __.__.____.
In connection with these circumstances, I filed a claim against ____________ LLC, demanding compensation for the expenses I had incurred.
According to the response to my complaint, during my fall, namely in __.__, the entrance group was not cleaned, and the employees of LLC "_____________" carried out cleaning in other premises, however, this link is untenable, since maintenance cleaning of the entrance groups "__________" is carried out from __.__ to __.__ daily as needed.
Considering the time of year, namely the end of December, washing the floors at __.__ in “__________” is quite reasonable.
In addition, the response states that the fall was a result of wet snow on the treads of the shoes and slipping for this very reason.
I arrived in “__________” with my daughter by car, which eliminates the presence of wet snow on the treads of my shoes.
What happened was seen by my daughter, who was next to me at the time of the fall and who can fully confirm the fact of cleaning in the form of washing the floors in the territory of “___________” at the time of my fall.
In addition, ____________ is provided with a written explanation of what happened.
Agreement No. _________ dated __.__.____ concluded between "__________" and LLC "_____________" in full compliance with current legislation.
Responsibility for failure to fulfill obligations and causing harm to me lies with “_____________”.
Thus, “_______________” did not properly fulfill its obligations to maintain the territory, which led to negative consequences.
Consequently, as a result of the illegal actions of the “_________” employees, there are grounds for compensation for the expenses I incurred due to injury.
In addition, since the offense caused me physical and moral harm, I, in accordance with current civil law, have the right to compensation for moral damage.
As a result of the guilty actions of the “__________” employees, I am experiencing enormous moral suffering caused by physical pain, which I continue to experience to this day.

On the basis of the above, -

Pay money spent on treatment in ________________ in the amount of __________ rubles, money spent on services _________ in the amount of ______ rubles, money spent on ____________ in the amount of ___________ rubles, and a total of ____________ rubles.

In case of refusal or inadequate satisfaction of my demands, as well as lack of response to the claim, I will be forced to go to court with a statement of claim, which will entail additional costs for “________”.

Please send your response to this complaint to: _____________________ within 3 days.

(FULL NAME)_____________________

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