Traditional Culture Encyclopedia - Tourist attractions - How to compensate the lawsuit for personal injury caused by tourism?
How to compensate the lawsuit for personal injury caused by tourism?
1. Obligations of security in tourist attractions
Are security obligations engaged in business activities such as accommodation, catering, entertainment or other social activities? Since
naturally? The obligation of a person, legal person or other organization to take care of and protect others from personal injury within reasonable limits. The Supreme People's Court first confirmed the obligation of security in the Interpretation of Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases (hereinafter referred to as the Interpretation), which is a judicial interpretation? Development? The important achievement of law is an important legal basis for adjusting the relationship between the managers of scenic spots and tourists. A scenic spot is
any place where tourists or visiting tourists can visit or carry out other leisure activities, and it is the main place for tourists to visit and visit.
tourist attractions, with their unique nature, people's views and pleasant and relaxed environment, bring
tourists pleasant psychological feelings and experiences and become the main tourist attractions. As an important public space, tourist attractions are affected by various man-made or natural factors, which makes the safety of tourist attractions questioned and challenged. Safety
is the lifeline of tourism. These tourism safety accidents in scenic spots not only cause great losses to tourists' personal property, but also seriously damage the tourism image of scenic spots.
when tourists enter a scenic spot, they establish a tourism service contract relationship with the operators of the scenic spot, and the scenic spot should provide corresponding tourism facilities and services according to the contract to meet the tourists' tourism and leisure needs and spiritual satisfaction. Why stipulate the obligation of scenic spot security outside the contract? Generally speaking, it is based on the following reasons:
(1) Risk control theory
Operators develop and operate tourist attractions, and their professional knowledge and social experience enable them to know more about the performance and state of facilities and equipment, the situation inside and around the scenic spots, including social security, climate,
geological features, relevant laws and regulations, cultural conditions, etc., and have the information advantage of foreseeing damage. Therefore, "the supervisor's obligation to control the potential danger usually comes from his control over the danger in the responsibility field of infringing on others' rights in the original form of omission responsibility".
the safety of a scenic spot depends on its management.
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