Traditional Culture Encyclopedia - Tourist attractions - I was scratched when I was traveling in the scenic spot because I threw something to the macaque. Does the scenic spot bear the medical expenses? How much to bear?
I was scratched when I was traveling in the scenic spot because I threw something to the macaque. Does the scenic spot bear the medical expenses? How much to bear?
Article 26 of the Tort Liability Law If the infringee is also at fault for the damage, the liability of the infringer may be reduced.
Article 27 If the damage is intentionally caused by the victim, the actor shall not be liable.
Article 78 If the animals raised cause damage to others, the animal keeper or manager shall bear the tort liability, but if it can be proved that the damage was caused by the intentional or gross negligence of the infringed, the liability may not be borne or mitigated.
Article 79 If anyone violates the management regulations and fails to take safety measures for animals, thus causing damage to others, the animal keeper or manager shall bear the tort liability.
Article 81 If animals in the zoo cause damage to others, the zoo shall bear the tort liability, but those who can prove that they have fulfilled their management duties shall not bear the liability.
Article 16 Anyone who infringes upon others and causes personal injury shall pay compensation for medical expenses, nursing expenses, transportation expenses and other reasonable expenses for treatment and rehabilitation, as well as the income reduced due to missed work.
2. According to the above regulations, it depends on whether the scenic spot has not taken safety measures for animals and whether it can prove that the damage was caused by the infringer's intentional or gross negligence; Whether the injured person has intentional or gross negligence.
3 scenic spots to take safety measures, do not assume responsibility; If the scenic spot can prove that it is the result of the intentional or gross negligence of the injured person, the scenic spot will not bear the responsibility, nor will it bear the responsibility of mitigation.
4. Judging from the presence or absence of billboards in the scenic macaque activity area; If tourists are explicitly forbidden to throw food at macaques, the injured are at fault. According to the specific situation, the scenic spot either has no responsibility or reduces the responsibility of the scenic spot, and the amount of reduction depends on the size of the injured person's fault (the smaller the responsibility of the scenic spot, the less compensation it bears; The compensation items are determined according to Article 16).
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