当下的老龄化社会，养老院越来越受到人们的青睐和关注，不少家庭选择将老人安置在养老院。但老人在养老院发生意外，受到人身、财产侵害时，一些养老院以各种理由拒绝承担其应负的责任。养老院作为养老服务机构，管理责任的界限在哪里？
In the present aging society, the old-age homes are getting more and more popular and concerned. Many families choose to place the elderly in the nursing home. However, when the old man is in an accident in the nursing home and is violated by the person and property, some nursing homes refuse to bear the responsibility for various reasons. As an old-age service institution, where is the limit of management responsibility for the nursing home?
意外1老人养老院内出车祸 家属当了原告又变被告
The accident 1 old man's home in the elderly nursing home became the defendant and the defendant changed the defendant.
由于家人难以照顾失智的老父亲，李贺（化名）将77岁的父亲送到敬老院生活。敬老院与李贺签订了养老服务合同，约定了老人为完全不能自理人员，每月服务费为2300元。
Because the family is difficult to take care of dementia old father, Li He (a pseudonym) will be the 77 year old father to the nursing home life. The elderly hospital signed a pension service contract with Li He and agreed that the old man was completely unable to take care of himself, and the monthly service fee was 2300 yuan.
没想到，在父亲入住半年后，李贺接到了敬老院的电话，称其父亲在敬老院院内发生了车祸，伤情很重。
Unexpectedly, after half a year of his father's stay, Li He received a phone call from the elderly home, saying his father had a car accident in the old hospital and had a heavy injury.
父亲入住敬老院，为何会在院内被撞？原来敬老院职工张某在倒车时，没有注意到车后的老人，老人自己也因失智没有及时反应，导致车祸发生。经交管部门认定，张某负事故的全部责任，老人无责任。
Why did my father stay in the home and be hit in the hospital? The original home of workers Zhang in reverse, do not pay attention to the car after the elderly, the elderly themselves for dementia did not timely response, leading to the accident. According to the management department, the total responsibility of Zhang's accident is not responsible for the elderly.
经诊断，老人右侧6至8、12肋骨骨折、左侧4、6至8肋骨骨折等，住院治疗90天。司法鉴定机构出具了鉴定意见，认定老人构成八级伤残。
After diagnosis, 6 to 8, 12 rib fractures, 4, 6 to 8 rib fractures on the right side of the elderly were treated for 90 days in hospital. The judicial accreditation agency issued an appraisal opinion that the elderly constitute the eight level of disability.
因张某为敬老院职工，驾驶的车辆也是敬老院所有，李贺便将张某和敬老院起诉至法院，要求两被告赔偿各项未垫付损失10.9万余元。经审理，法院支持了李贺的诉讼请求。
Zhang is a veteran worker. The driving vehicle is also owned by all the old people's homes. Li He sued Zhang and the nursing home to the court. He asked the two defendants to compensate for the loss of not more than 10.9 yuan. After the trial, the court supported Li He's claim.
损失赔付后，由于对敬老院的服务仍然认可，老人出院后继续回到敬老院居住。但几个月后，李贺却收到一纸诉状。敬老院称家属在老人治疗完毕返回敬老院居住后，一直没有依照合同缴纳服务费，已符合合同解除条件，故起诉至法院，要求李贺缴纳拖欠的费用，且要求老人搬离敬老院。
After the loss was paid, the elderly continued to return to the elderly home after discharge from the hospital. But a few months later, Li He received a complaint. The geriatric family said that the family members did not pay the service fee according to the contract after they returned to the nursing home after the treatment of the old man. They had already met the conditions of the rescission of the contract, so they sued to the court and asked Li He to pay the arrears, and asked the old man to move away from the nursing home.
李贺认为敬老院不仅掩盖事实、不负责任，还对康复后返回敬老院居住的老人实施虐待，并企图通过恶意诉讼逃避赔偿责任。
Li He thought that the nursing home not only covered up the facts and irresponsible, but also abused the elderly who came back to the old people's home after rehabilitation, and tried to avoid the liability of compensation through malicious litigation.
于是李贺提起反诉，认为敬老院未尽管理职责，家属不需再缴纳管理费用，故要求敬老院继续履行合同，并承担治疗老人的伤情的责任，但他没能提供老人被虐待的证据。
So Li He filed countercharges, and thought that the nursing homes did not fulfill their management duties, and the family members did not need to pay any management fees. Therefore, the geriatric hospital was required to continue to fulfill the contract and bear the responsibility for treating the elderly's injuries, but he failed to provide evidence for the elderly to be mistreated.
由于老人处于失智状态，敬老院表示，他们已经考虑到了老人的年龄和精神状况，提供了更加谨慎周到的服务，并不存在虐待行为。在老人车祸住院期间，敬老院也派人看护，尽到了义务。李贺不缴纳费用违约在先，敬老院的起诉合情合理。
Because the old man is in a state of dementia, geracomiums said, they have taken into account the old age and mental condition, provides a more cautious and thoughtful service, there is no abuse. During the hospitalization of the old man's car accident, the elderly hospital also sent people to take care of them and did their duty. Li He did not pay a fee for breach of contract, and the court's prosecution was reasonable.
经审理，法院认定，李贺未及时支付服务费，已经达到合同约定的解除条件，且李贺欠缴的服务费应当补缴。因家属反诉未能提供敬老院存在虐待的证据，法院不予支持。
After the trial, the court found, Li Hewei timely payment of service fees, contract cancellation conditions have been achieved, and the service fee shall be paid in arrears of Li He. The court did not support the evidence that the family members had failed to provide evidence of abuse in the elderly home.
■释法
In the interpretation of the law
管理责任与管理费用 应分开算账
Management responsibility and management cost should be calculated separately
“养老院的管理责任问题，和家属缴纳管理费用的问题，要各算各的账。”北京市盈科律师事务所葛磊律师表示，家属提出的“敬老院未尽责任就可以抵消费用”的说法不符合法律规定。
"The management responsibility of the old-age house, and the family members to pay the management costs, each account should be counted." Ge Lei, a Beijing lawyer's law firm, said the family's statement that "the elderly hospital has not done the responsibility to offset the cost" is not in accordance with the law.
葛磊律师表示，根据法律“契约必守原则”，合同一经签订生效，双方就要受其约束，如果没有发生法定的变更事由，合同的内容不可随意改变，因此家属有按照协议足额支付管理费的义务。而家属已经迟延履行合同，且敬老院已经完成了催告，其仍不履行主要债务，敬老院便可依法解除合同。因此，法院认定李贺未及时支付服务费，达到了合同约定的解除条件是正确的。
Ge Lei lawyer said, according to the law of contract "will keep the principle", after the signing of the contract in force, the two sides will abide by it, if there is no change in statutory grounds, the contents of the contract can not be changed, so the family is in accordance with the agreement in full payment of management fee obligations. And the family has delayed the performance of the contract, and the old house has completed the notice, it still does not perform the main debt, the elderly hospital can be relieved of the contract according to law. Therefore, the court found that Li Hewei paid the service fee in a timely manner, and the conditions for the termination of the contract were correct.
而在家属少缴或者不缴管理费用时，敬老院是否没有尽到管理责任，是否应当对家属进行赔偿以及赔偿的数额均未确定。
When the family members pay little or no administrative expenses, do the nursing homes fail to fulfill their management responsibilities? Whether the family members should be compensated or the amount of compensation is not determined.
如果家属认为敬老院没有尽到管理责任，在有证据支持其主张的前提下，可以要求敬老院承担违约责任，而不能采取少缴或者不缴管理费用的方法与敬老院之间相互“抵消”。
If the family members think that the nursing homes do not fulfill their management responsibilities, if they have evidence to support their claims, they can ask the nursing home to take the responsibility for breach of contract, rather than pay less or no administrative expenses and cancel each other.
意外2一个因房间着火被烧伤 一个在轮椅上站立摔伤
2 an accident was burned by a room and a fall in a wheelchair.
不过，虽然民事合同可以由当事人双方自由订立，但如果双方约定不当，也可能导致合同条款无效。
However, although the civil contract can be concluded freely by both parties, it may also cause the contract clause to be invalid if both parties have agreed unproperly.
2016年，下肢瘫痪的老人陈某在北京某养老院生活期间，居住的房间发生火灾，陈某被严重烧伤，后不治身亡，家属以养老院看护不力为由将其诉至法院。养老院辩称火灾是因老人在床上吸烟引发，但因现场已被破坏，消防部门未作出事故原因认定。
In 2016, lower limb paralysis old Chen in Beijing during a nursing home life, living room fire, Chen was badly burned and died, families in the nursing home care will be taken to court on the grounds of poor. The nursing home argued that the fire was caused by the smoking of the old man in bed, but the fire department did not identify the cause of the accident because of the destruction of the scene.
法院经审理认为，虽然养老院在火灾发生后采取了救护措施，但难以认定被告在平时对于火灾发生的安全隐患完全尽到应尽的审慎注意义务，故结合养老院的过错程度，判决养老院赔偿家属56万余元。
The court held that, although the pension Institute to take rescue measures after the fire, but it is difficult to find the defendant in the usual danger to the fire completely to fulfill their prudent obligation, so combining nursing degree of fault, the judgment beadhouses compensation to the families of more than 560 thousand yuan.
而在另一起类似意外中，曾凡（化名）的曾祖父在其入住的养老院内活动时，因在轮椅上自行
In another similar accident, Zeng van's great grandfather was in a wheelchair when he was in a nursing home.