(1) If a person without or with limited capacity for civil conduct causes damage to others, the guardian shall bear the liability without fault;
According to Article 32 of the Tort Liability Law of People's Republic of China (PRC), if a person without or with limited capacity for civil conduct causes damage to others, the guardian shall bear the tort liability. If a guardian fulfills his guardianship responsibility, his tort liability may be reduced.
(two) if the staff of the employing unit causes damage to others due to the execution of work tasks, the employing unit shall bear the liability without fault;
With reference to Article 34 of the Tort Liability Law of People's Republic of China (PRC), if the staff of the employing unit causes damage to others due to the performance of their work tasks, the employing unit shall bear the tort liability. During the period of labor dispatch, if the dispatched personnel cause damage to others due to the execution of work tasks, the employing unit that accepts labor dispatch shall bear tort liability; If the labor dispatch unit is at fault, it shall bear corresponding supplementary responsibilities.
(3) If the party providing personal service causes damage to others due to the service, the party receiving the service shall bear no-fault liability;
According to Article 35 of the Tort Liability Law of People's Republic of China (PRC), if a labor relationship is formed between individuals and the party providing labor services causes damage to others, the party receiving labor services shall bear the tort liability. If the party providing labor services suffers personal injury, it shall bear corresponding responsibilities according to the respective faults of both parties.
(4) If a product defect causes damage to others, the producer shall bear no-fault liability;
Refer to Article 41 of People's Republic of China (PRC) Tort Liability Law. If a product is defective and causes damage to others, the producer shall bear the tort liability.
(5) If a road traffic accident occurs between a motor vehicle and a pedestrian or a non-motor vehicle driver, the motor vehicle party shall bear the liability without fault;
With reference to Article 48 of the Tort Liability Law of People's Republic of China (PRC), if a motor vehicle causes damage due to a traffic accident, it shall be liable for compensation in accordance with the relevant provisions of the Road Traffic Safety Law.
With reference to Article 76 of the Road Traffic Safety Law of the People's Republic of China, if a motor vehicle accident causes personal injury or property loss, the insurance company shall make compensation within the liability limit of compulsory motor vehicle third-party liability insurance; The insufficient part shall be liable for compensation in accordance with the following provisions:
(1) In case of a traffic accident between motor vehicles, the party at fault shall be liable for compensation; If both parties are at fault, they shall share the responsibility according to their respective fault proportions.
(two) motor vehicles and non-motor vehicle drivers and pedestrians have traffic accidents, and the non-motor vehicle drivers and pedestrians are not at fault, and the motor vehicle party shall be liable for compensation; If there is evidence that non-motor vehicle drivers and pedestrians are at fault, the liability for compensation of the motor vehicle party shall be appropriately reduced according to the degree of fault; If the motor vehicle party is not at fault, it shall be liable for compensation not exceeding 10%.
The loss of traffic accidents is caused by non-motor vehicle drivers and pedestrians deliberately colliding with motor vehicles, and the motor vehicle party is not liable for compensation.
(6) If damage is caused by environmental pollution, the polluter shall bear the liability without fault;
According to Article 65 of the Tort Liability Law of People's Republic of China (PRC), if damage is caused by environmental pollution, the polluter shall bear the tort liability.
(seven) operators engaged in high-altitude, high-pressure, underground excavation activities or the use of high-speed rail transport to cause damage to others, operators bear no-fault liability;
According to Article 70 of the Tort Liability Law of People's Republic of China (PRC), if a nuclear accident at a civil nuclear facility causes damage to others, the operator of the civil nuclear facility shall bear the tort liability, but he shall not bear the liability if he can prove that the damage was caused by the war or the victim intentionally.
According to Article 71 of the Tort Liability Law of People's Republic of China (PRC), if a civil aircraft causes damage to others, the operator of the civil aircraft shall bear the tort liability, but he shall not be liable if he can prove that the damage was intentionally caused by the victim.
Referring to Article 72 of the Tort Liability Law of People's Republic of China (PRC), if the holder or user holds or uses highly dangerous articles such as inflammable, explosive, toxic and radioactive substances and causes damage to others, the holder or user shall bear the tort liability, but he shall not be liable if he can prove that the damage is caused by the victim's intention or force majeure. If the infringer is grossly negligent in the occurrence of the damage, the liability of the possessor or user may be reduced.
Referring to Article 73 of the Tort Liability Law of People's Republic of China (PRC), operators who engage in high altitude, high pressure and underground excavation activities or use high-speed rail vehicles to cause damage to others shall bear tort liability, but they shall not be liable if they can prove that the damage was caused by the victim's intention or force majeure. If the infringer is at fault for the occurrence of the damage, the liability of the operator may be reduced.
According to Article 74 of the Tort Liability Law of People's Republic of China (PRC), if the loss or abandonment of highly dangerous substances causes damage to others, the owner shall bear the tort liability. If the owner entrusts the management of highly dangerous goods to others, the manager shall bear the tort liability; If the owner is at fault, he shall be jointly and severally liable with the manager.
(8) If the animals raised cause damage to others, the animal keeper or manager shall bear the liability without fault;
With reference to Article 78 of the Tort Liability Law of People's Republic of China (PRC), if the raised animals cause damage to others, the animal keeper or manager shall bear the tort liability, but can prove that the damage was caused by the intentional or gross negligence of the infringed, and may not bear or reduce the liability.
With reference to Article 79 of the Tort Liability Law of People's Republic of China (PRC), if anyone violates the management regulations and fails to take safety measures for animals, causing damage to others, the animal keeper or manager shall bear the tort liability.
According to Article 80 of the Tort Liability Law of People's Republic of China (PRC), if dangerous animals such as dogs are prohibited from being kept and cause damage to others, the animal keeper or manager shall bear the tort liability.
According to Article 81 of the Tort Liability Law of People's Republic of China (PRC), 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.
According to Article 82 of the Tort Liability Law of People's Republic of China (PRC), if an abandoned or escaped animal causes damage to others in the process of abandonment or escape, the original animal keeper or manager shall bear the tort liability.
(9) If the building collapses and causes damage to people, the construction unit and the construction unit shall bear no-fault liability.
According to Article 86 of the Tort Liability Law of People's Republic of China (PRC), if buildings, structures or other facilities collapse, causing damage to others, the construction unit and the construction unit shall bear joint liability. After the construction unit and the construction unit make compensation, if there are other responsible persons, they have the right to recover from other responsible persons.
2, 8 fault presumption responsibility:
(1) If a person without civil capacity suffers personal injury in an educational institution, it is presumed that the educational institution is at fault;
With reference to Article 38 of the Tort Liability Law of People's Republic of China (PRC), kindergartens, schools or other educational institutions shall bear the responsibility for personal injuries suffered by people without civil capacity in their study and life, but those who can prove that they have fulfilled their educational management responsibilities shall not bear the responsibility;
(2) It is presumed that the medical institution is at fault if the patient is damaged due to one of the following circumstances: it violates laws, administrative regulations, rules and other relevant medical norms; Concealing or refusing to provide medical records related to disputes; Forge, tamper with or destroy medical records
According to the provisions of Article 58 of the Tort Liability Law of People's Republic of China (PRC), if a patient is damaged due to one of the following circumstances, it is presumed that the medical institution is at fault:
(a) in violation of laws, administrative regulations, rules and other relevant medical norms;
(two) concealing or refusing to provide medical records related to the dispute;
(3) Forging, tampering with or destroying medical records.
(3) Presumptive fault liability of owners and managers who illegally hold highly dangerous substances;
According to Article 75 of the Tort Liability Law of People's Republic of China (PRC), if the illegal possession of highly dangerous substances causes damage to others, the illegal holder shall bear the tort liability. If the owner or manager cannot prove that he has done his utmost duty of care to prevent others from illegal possession, he shall be jointly and severally liable with the illegal possessor.
(4) If the animals kept in the zoo cause damage to people, it is presumed that the zoo is at fault;
According to Article 81 of the Tort Liability Law of People's Republic of China (PRC), 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.
(5) If buildings, structures or other facilities and their shelving and hanging objects fall off and cause damage to people, it is presumed that their owners, managers or users are at fault;
According to Article 86 of the Tort Liability Law of People's Republic of China (PRC), if buildings, structures or other facilities collapse, causing damage to others, the construction unit and the construction unit shall bear joint liability. After the construction unit and the construction unit make compensation, if there are other responsible persons, they have the right to recover from other responsible persons.
(6) If the stacked items collapse, causing personal injury, it is presumed that the stacker is at fault;
Referring to Article 88 of the Tort Liability Law of People's Republic of China (PRC), if the stacked articles collapse and cause damage to others, and the stacked articles cannot prove that they are not at fault, they shall bear tort liability.
(seven) if the tree breaks and causes damage to people, it is presumed that the owner or manager of the tree is at fault;
According to Article 90 of the Tort Liability Law of People's Republic of China (PRC), the owner or manager of forest trees shall bear tort liability if he cannot prove that he is not at fault.
(8) If the underground building (including manhole) causes damage to people, it is presumed that the constructor is at fault;
According to Article 91 of the Tort Liability Law of People's Republic of China (PRC), if a builder digs, repairs or installs underground facilities in public places or roads, and fails to set up obvious signs or take safety measures, thus causing damage to others, he shall bear tort liability. If the underground facilities such as manhole cause damage to others, and the manager cannot prove that he has fulfilled his management obligations, he shall bear tort liability.
Extended data
With reference to Article 2 of the Tort Liability Law of People's Republic of China (PRC), those who infringe upon civil rights and interests shall bear tort liability in accordance with this Law.
The civil rights and interests mentioned in this Law include personal rights and property rights such as the right to life, health, name, reputation, honor, portrait, privacy, marital autonomy, guardianship, ownership, usufructuary right, security right, copyright, patent right, trademark exclusive right, discovery right, stock right and inheritance right.
According to Article 3 of the Tort Liability Law of People's Republic of China (PRC), the infringed party has the right to request the infringer to bear the tort liability.
Referring to Article 4 of the Tort Liability Law of People's Republic of China (PRC), if the infringer should bear administrative responsibility or criminal responsibility for the same act, it does not affect the tort liability according to law. If the property of the infringer is insufficient to pay for the same act, the infringer shall bear the tort liability first.
Referring to Article 15 of the Tort Liability Law of People's Republic of China (PRC), the ways to bear tort liability mainly include:
(1) Stop the infringement;
(2) remove obstacles;
(3) eliminating danger;
(4) returning property;
(5) restitution;
(6) Compensation for losses;
(7) apologize;
(eight) to eliminate the influence and restore the reputation.
The above tort liability methods can be applied separately or in combination.
With reference to Article 16 of the Tort Liability Law of People's Republic of China (PRC), 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. If it causes disability, it shall also compensate the disabled for living AIDS and disability compensation. If death is caused, funeral expenses and death compensation shall also be paid.
Referring to Article 17 of the Tort Liability Law of People's Republic of China (PRC), if the same tort causes multiple deaths, the same amount of death compensation can be determined.
Hanzhong Municipal People's Government-People's Republic of China (PRC) Tort Liability Law