Research On Identification Of Animal Damage Liability In Zoo

As for the problem of determining the liability of zoos in the dispute cases of injury caused by zoo animals,although there are relevant provisions in Chapter 10,Article 81 and Article 37 of the Tort liability Law of our country,in judicial practice,the handling of this kind of cases,There is still a lack of operational applicable standards and rules,resulting in different interpretations of the judges of the local courts and very different judgements in similar cases Article 81 of Chapter 10 of the Tort liability Law concerning the principle of presumed fault liability for the damage caused by animals in zoos is essentially a special case of the principle of attribution of liability for fault.The "control" of zoos in this provision The duty of management "does not refer to a single duty of care,but a collection of a series of duties of care,such as design,planning,sightseeing and so on,of which the obligation to inform is only a part of it." It is necessary to understand the relationship between the zoo's fault and the duty of care(management duty).With regard to the measure of zoo fault,we can draw lessons from the "Hande formula" of the United States for legal and economic analysis.There is a significant difference between Article 81 and Article 37 of the Tort liability Act:the obligations set forth in Article 37 are for zoos.The main solution is the duty of place safety which is not caused by animals and the organization of mass activities by zoos.Article 81 imposes on zoos their obligation to control animal hazards(management duties)and solves the problem of liability for accidents caused by zoos.