On The Civil Liability Of Animals In Zoos For Causing Damage

In recent years,there have been several animals attacks in Chinese zoos.From these incidents,several studies and reports have pointed out that there is a lack of legislation in the distribution of responsibility between the zoo and the victim,which should be clearly addressed.This article sets out to discuss the responsibility scope of the zoo from three aspects: the definition of zoo animals,the responsibility of the zoo and the exemption of the responsibility of the zoo.To begin with,zoo animals are animals that are fed by the zoo and controlled by the zoo.Secondly,according to current laws and regulations,zoos should take responsibility according to the principle of fault presumption.However,this provision is unfair.Compared with the extraterritorial laws,under the conditions of modern society,it should be changed to the principle of no-fault liability.Lastly,according to the current laws and regulations,the zoo's statutory excuse is to include the fault of the victim,force majeure,fault of the third party,and the management responsibility of the zoo.The zoo reminds visitors that the violation of the rules is at their own risks or signing of a similar contract with tourists could be an exemption clause that is invalid in the format contract.Therefore,the zoo can't be exempted if animals attacks incidents happen in zoo.Moreover,victims' faults and force majeure shall be excluded as a matter of exemption from the zoo,and the scope of the zoo's management responsibilities shall be clearly defined,including the obligation of protection prior to the occurrence of the hazard and the duty of relief at the time of occurrence and afterwards.