An Analysis Of Liability For Damage Inflicted By Animals In A Park

Nowadays,the society is in the new period of urbanization and rapid population growth.All kinds of zoos have developed rapidly in order to adapt to the more and more diverse cultural and spiritual needs of the masses,but the incidents of animal injury in the garden are increasing,resulting in a lot of animal tort liability disputes.The legal provisions on animal damage in China are not complete,.which is mainly embodied in the eighty-first articles of the tort liability law.The article generalizes the tort liability of the zoo animals when the zoo animals cause damage to the zoo animals.However,more than 40 words did not define the administrative duties of the zoo,nor did it clear the rules of the division of the fault of the legal relationship,and did not clarify the scope of the application of the principle of negligence and the conditions for the liability for reduction and remission.Therefore,the judiciary is still unable to carry out the trial without worry.Therefore,it is necessary to discuss the legal problems of zoo animal damage to other people,and then balance the interests of the two sides and ensure the fairness of the civil rights and interests.Based on the above background,this paper selects the case of more typical and influential judicial referees in the zoo animal caused by human damage.In this case,the focus of the dispute is mainly on the appropriateness of safety protection measures in a certain Park,whether the zoo is responsible for management,the fault of the victim himself and its guardian,and the sharing of the responsibility and size of the two sides.The identification of the responsibilities of the zoo is often the focus of such cases.The criteria for its identification should be very strict,and a considerable standard must be required to ensure the safety of the life and property of the tourists to the greatest extent.The park does have fault in its administrative duties.Under the premise of conforming to the elements of other tort liability and applying the principle of presumption of fault,a park should bear the tort liability.If the victim himself and his guardian fail to comply with the rules of the garden after entering the park,there is also a fault.The responsibility of the garden should be reduced.In addition,the division of responsibilities between the parties should be considered in accordance with the existing legal provisions and combined with the actual factors.In this case,the court,based on the relevant provisions of the tort liability law,affirms that a park has not done the responsibility of management,and the victim and its guardian also have fault.It considers both the degree of fault and the actual damage of the two sides,and decides that the two sides share the loss rationally and reflect the fairness and justice.