How to compensate when pedestrians are damaged by construction?

My house is being built, I have hired 4 people to build the house. Unfortunately, 1 worker drops the brick from the 3rd floor to the head of a pedestrian when he was passing by. He is injured and being treated for a week. Please tell me how the compensation will be conducted?

FDVN’s Opinion

FDVN Law firm would like to say thank you for trusting our legal service. For your request, FDVN has some discussion as follow:

According to Article 605 of the Civil Code 2015 regulated about Compensation for damage caused by houses and other construction works or buildings. Accordingly, compensation will be determined as follow:

“An owner or a possessor of a house or another construction work, or a person to which the owner has assigned the management or use thereof, must compensate for damage if such house or construction causes damage to another person.

If the executor of the house or construction work is partly fault that such house or construction work causes damage, he/she must jointly compensate for such damage.”

In this case, the compensation will be made: Since this is a house owned by you (you are the owner of that house), during the construction of the house, If someone is injured by the house, you must compensate for damage caused by your house. This damage caused by a worker who dropped a brick on a pedestrian, It was the worker's fault because he was not careful in his work, so according to Article 605 of the Civil Code: If the executor of the house or construction work is partly fault that such house or construction work causes damage, he/she must jointly compensate for such damage.”

Therefore, you and your worker must compensate to the pedestrian. This is how you and your worker compensate to the pedestrian under Article 590 of the Civil Code:

“1. Damage caused by harm to health shall comprise:

a) Reasonable costs for treating, nursing, and rehabilitating health, and functional losses and impairment of the aggrieved person;

b) Loss of or reduction in the actual income of the aggrieved person. If the actual income of the aggrieved person is irregular and is not able to be determined, the average income level for the type of work performed by the aggrieved person shall be applied;

c) Reasonable costs and actual income losses of the carers of the aggrieved person during the period of treatment. If the aggrieved person loses his or her ability to work and requires a permanent carer, the damage shall also include reasonable costs for taking care of the aggrieved person.

d) Other damage as prescribed by law.

2. A person causing harm to the health of another person must pay the items provided in Clause 1 of this Article together with an amount of money as compensation for the mental suffering of the aggrieved person. The amount of compensation for mental suffering shall be as agreed by the parties; if the parties are not able to agree, the maximum sum shall not exceed fifty-month base salary prescribed by the State.”

This is FDVN’s opinion related to your request. Hopefully, this opinion will be helpful for you.

Nguyen Thi Lan Anh

FDVN Law Firm

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