Study On The Liability Of Public Place Business Operators To Violate Security Obligations In Case Of Consumers Of Contributory Negligence

When consumers fail to do their own safety and care obligations,that is,victims have faults,the conclusions of judicial judgment are arbitrary in cases where public place business operators violate security obligations.The proportion of liability of public place business operators is higher or lower than that of consumers,or the average share.Different judgments in same cases are more obvious.The author believes that the crux lies in two aspects.First,the difference between security obligations of public place business operators and consumers’ own safety and care obligations and the negligence of breaching the corresponding obligations;Second,what principles and methods are used to confirm the proportion of public place business operators and consumers of contributory negligence.For the above problems,this paper believes that based on the public and business characteristics of public place business operators and the consideration of protecting consumers’ rights,security obligations of public place business operators are legally inherent obligations,and their negligence liability is also legal.That is to say,in the discretionary proportion of liability,safety guarantee liability of public places shall not be reduced or exempted unless there is a statutory deduction or exemption reason and it is direct liability,and the proportion of liability shall be calculated and deducted first.As for the methods of confirming the share of safety guarantee liability of public places,this paper believes that it is more appropriate to adopt modern civil law methods such as cost-benefit analysis based on the characteristics of commercial entities of public places.