The Analysis Of Mrs. Liang' Personal Injury Compensation Case

Duty of care is the core concept of tort law, as the standard to judge the estate owner's fault, it includes two aspects:What is the estate owner's duty of care and how to judge the estate owner breached his duty of care? In determining whether the estate owner should assume the injury caused by their property, the court always considers whether the victim is a legal entrant. This criterion balanced the estate owner's property rights and the victims'personal rights, it should be adopted by Chinese tort law.This paper is mainly about four parts.Part one gave a detailed expatiation about Mrs. Liang' personal injury compensation case and the focus of the case. Part two analyzed the theory of duty of care, what is the estate owner's duty of care and how to judge the estate owner breached his duty of care? This part also introduced the classification of the entrants in common law. Part three discussed the verdict of the case and the actual regulation that the verdict based on. The last part of this paper offered some feasible suggestions to perfect our legislation.This paper focused on the standard to judge the duty of care of the estate owner, it also introduced the classification of the new entrants and proposed some feasible suggestions to perfect Chinese tort law.