| The thesis discusses the tortious liability of the nursing home, to solve the problem about rapid development of aging, more and more elder people spend their remaining years in the nursing home, and the tort cases between nursing homes and the elders have became larger.The tortious liability of the nursing homes refers to the liability the nursing homes should afford which happens within their places, and it must be in the specific place and to the certain relative. This kind of tort could be divided into two types:one is due to the causes of the nursing home itself, and the other is caused by the third party. At the mean time, the former type could be divided into two types:one is due to the nurses, and the other is caused by the hardware facility. According to the different types of nursing home tort, the different imputation should be used. The no-fault liability should be used in the tort caused by the nurses, the presumptive fault liability should be used in the tort caused by the hardware facility, and the fault liability should be used in the tort caused by the third party.What’s more, the thesis discussing the exemption clause of the nursing home, ensure whether the liability of the nursing home could be disclaimered by the reason of exemption clause, the elder themselves,and other affairs in law. At last, ensure the responsibility of the nursing home. In the respect about the subject of the responsibility, the direct offender should be the subject in the tort caused by the third party, and the vicarious liability of people should be the subject in the tort caused by the nurse or the hardware facility. In the respect of responsibility affording, this paper wants to establish a specialized compensate insurance mechanism of pension institutions to solve the problem that the compensate can’t be paid for fully by the nursing home. And analyzed the competing responsibility between the liability for tort and the liability for breach of contract. |
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