Traditional Culture Encyclopedia - Hotel reservation - A man in Yantai was bitten by a fish and then fell off the fry. Does he need to pay compensation?

A man in Yantai was bitten by a fish and then fell off the fry. Does he need to pay compensation?

There is no need for compensation, and both parties are responsible. Recently, many netizens have had a heated debate about such a video circulating on the Internet. In the video, when a man went to the shop to watch the fish open the fish tank cover and teased the fish by himself, he didn't expect to be bitten by the fish. Out of his own instinctive reaction, the man hurriedly threw his hand away, and there was a throwing action. As a result, this fry worth more than 1, pieces fell directly to the ground, and then the boss hurriedly put the fish back into the fish tank with a net. Afterwards, the video of Zhang, the owner of the store, was posted on the Internet, which caused many netizens' dissatisfaction, claiming that the fish was worth more than 1, yuan, and it had been damaged after the incident.

There are voices on the Internet that spit out tourists, and there are voices that are dissatisfied with the boss. In fact, more rational netizens have analyzed this matter. Looking at the whole video, some netizens said that this man is typical? Handy? I don't enjoy the fish in the aquarium, but I have to tease the fish with my hands. It's my own bad luck and I think I should pay compensation, boss. Some netizens just stood on the side of the man and thought that this was caused by the boss's work mistake. The boss didn't lock the fish tank well, and there were no tips around him, which gave consumers a wrong understanding.

From the legal point of view, this fish shop, as a business place, has the obligation of safety guarantee. In the newly promulgated Civil Code of our country, it is stipulated that if the business place fails to fulfill the obligation of safety guarantee and causes damage to others, it should bear the tort liability. However, in this video, the man opened the lid of the fish tank, and the boss didn't remind and stop him, and there was no sign of attention stuck around him, so it was suspected that he had fulfilled his duty of safety and security. Finally, after the man was bitten by a fish, his cutting action was an instinctive reaction, so subjectively, he didn't mean to hurt the fish, but his private behavior was also responsible.