Font Size: a A A

Research On The Compensation For The Personal Injury By Eletric Shock

Posted on:2009-05-13Degree:MasterType:Thesis
Country:ChinaCandidate:G L LiuFull Text:PDF
GTID:2166360245487058Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
This article briefly illustrates the reason, category and type about electric shock as well analyses law property about personal injury due to electric shock and categorises. The personal injury about low voltage electric shock belongs to common infringement act that should be adapted to the general rules of tort low; meanwhile the personal injury about high voltage electric shock belongs to special infringement act as it is highly dangerous operation, so it should be adapted to the special terms on tort law. Different compensation principle according to The Civil Law and The Electricity Law about personal injury due to electric shock leads to difficulties on how to comprehend and adapt to law, because these two laws have different adapted ranges. Most countries provides non-fault principle or same as liability in contexts for the highly dangerous operation, but to practice the non-fault duty does not mean neglecting the fault duty, but the duty of the actor whereas the fault of the third person and the victim should be emphasized. The excusatio for non-fault principle adapts to the victim's purposed behavior but the force majeure exemption from liability should be limited, meanwhile when there happens cause-effect between extrinsic cause i.e. culpa late of the third person and victim and the consequence of electric shock. The liability of electronically operators ought to be release, the negligence offset principle can be adapt to non-fault principle under set condition. In the law of touching the personal compensation for damage case is applicable to, should distinguish different duty bearer, hold the legislative spirit that the item 123 in The Civil Law contains accurately. This ensure victim can gain remedies fairly and promptly. Suggestion to perfect relevant legislation.
Keywords/Search Tags:Electric shock, Personal injury, Duty bearer, The factors of contradicting, Negligence offset
PDF Full Text Request
Related items