By Case Note! Summer Safety custodial parents of minors absence of Mo


The right to health of citizens protected by law.

Actors of civil rights violations due to the fault of others, shall bear tort liability. A person without capacity for civil conduct, limiting the capacity for civil conduct causes damage to others, shall bear tort liability guardian. The court hearing that Lee Tianmou cause personal injury tort, Tianmou deal with tort civil liability; Tianmou only five years old, is no capacity for civil conduct, their guardians should bear the liability.

Holiday recreation, playing hurt for a day, 6-year-old Du in the case of their parents informed by its neighbors (Department of adults) led, and two other children to the park to play a children’s playground.

Komori injured while playing in the park fall from the inflatable "octopus" toy, when leaders care not carry around a toy also no fence and other security measures. After Komori parents paid the children’s playground and park managers arcade taken to court, seeking compensation for the loss of medical expenses, care and so on.

The investigation, amusement centers and parks signed a rental contract, agreed to the park will house paid leased to amusement centers, the center carried out if there casualties during operations, tourists injury or other accident, take responsibility by the Center itself, has nothing to do with the park. Court held that, casino did not submit evidence of their "octopus" inflatable toys through quality, safety inspection, children play there is a big security risk climbing the toy, it has no perimeter fence and other security-related facilities, it should bear the corresponding tort liability.

Komori younger, their safety depends on effective protection of a guardian, and the guardian in the case of informed consent adult neighbor with Komori and two other children to play children’s playground, and no effective care in the side, not entirely to a reasonable duty of guardianship, there is no fault, it should reduce the liability of the center, so determine, where appropriate, casino liability ratio of 70% on the merits, and Komori requirement Park tort liability claims not supported.

Close to animals, neglect accident during the summer, 9-year-old girl and parents of small square to the suburbs to play, lunch in the private dining nearby area.

Small square on the way back from the toilet of the restaurant, went to the restaurant area dog is bitten by a restaurant owner kept dogs. The restaurant, located near the cages are not warning signs.

Small way to the hospital after hearing that animals raised causes damage to others, keeper or manager shall bear civil liability, damage due to the fault of the victim, the keeper or manager shall not bear civil liability.

The restaurant owner kept the dog will bite a small square, the owner of the restaurant as farmers and managers should bear corresponding civil liability.

The restaurant owner claims the small side because of his funny dog bites, did not provide sufficient evidence, the court inadmissible.

Within another restaurant, located near the cages were not warning signs, reasonably prompt others to pay attention to safety, there are security risks.

According to the investigation, is down a small side road on their own, went to the kennel area, after being bitten by dogs, so the small square of parents failed to fulfill its duty to manage, protect it as the guardian of small parties suffered injuries should be held accountable pursuant to alleviate the responsibility of restaurant operators.

Court, restaurant operators to compensate the small side for medical expenses, the loss of travel expenses, payments, moral damages solatium total of more than 4,000 yuan.