May 31, 2010
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No. 6 of Six Model Cases of Civil Disputes over Elderly Care Services Published by the Supreme People's Court: Effectively resolving disputes over elderly care service contracts to assist in the sound development of the elderly care service industry—Zhao [REDACTED] v. [REDACTED] Elderly Care Service Center (case of disputes over a service contract)
最高人民法院发布六起涉养老服务民事纠纷典型案例之六:赵某诉某养老服务中心服务合同纠纷案——实质化解养老服务合同纠纷,助力养老产业健康发展
【法宝引证码】
  • Legal document: Judgment
 
  
No. 6 of Six Model Cases of Civil Disputes over Elderly Care Services Published by the Supreme People's Court: Effectively resolving disputes over elderly care service contracts to assist in the sound development of the elderly care service industry—Zhao [REDACTED] v. [REDACTED] Elderly Care Service Center (case of disputes over a service contract) 最高人民法院发布六起涉养老服务民事纠纷典型案例之六:赵某诉某养老服务中心服务合同纠纷案——实质化解养老服务合同纠纷,助力养老产业健康发展  
Basic Facts 基本案情
Zhang [REDACTED] moved into [REDACTED] Elderly Care Service Center. At noon one day, Zhang [REDACTED] repeatedly tried to get out of bed and failed, and later fell from the bed. According to the elderly person who lived with him, the nurse lifted Zhang [REDACTED] to the bed, and no abnormality was found at that time. In the evening, Zhang [REDACTED] was unwell, and the nurse then contacted his family member and called 120. Later Zhang [REDACTED] died that night. After investigation, the installation position of the caller in Zhang [REDACTED]'s room was far away from the bed. Zhang's heir, Zhao [REDACTED], instituted an action, requesting for compensation from [REDACTED] Elderly Care Service Center for its failure to fulfill contractual obligations. 张某入住某养老服务中心。某日午间,张某多次尝试自行下床未果后,自床上摔落。经同住老人告知,看护人员将张某抬至床上,当时未发现异常。晚间张某身体不适,看护人员遂联系家属并拨打急救电话。后张某于当晚死亡。经查,张某房间内呼叫器安装位置距离床位较远。张某的继承人赵某以某养老服务中心未尽合同约定义务为由,起诉请求某养老服务中心赔偿。
Grounds for Judgment 裁判理由
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