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How to determine the responsibility of cat coffee being scratched by cats
Legal analysis
Cats and cafes mainly attack tourists. In most cases, tourists tease and feed animals, which leads to accidents. Then, in this case, if the manager of the cat and coffee fails to fulfill the corresponding management responsibilities, then it will undoubtedly be responsible for all compensation, even if the tourists are at fault. On the contrary, if the cat and coffee can prove that the facilities and equipment of the animal museum are flawless and have obvious warning signs, and the managers discourage tourists from teasing, throwing objects and hitting animals, it can be said that they have fulfilled their due management responsibilities, then the cat and coffee can not bear the tort liability, and the tourists themselves bear the responsibility for the safety protection of the operators, which generally includes maintaining and keeping public facilities, ensuring product quality and service meet safety standards, finding potential safety hazards in time and taking corresponding measures to eliminate risks, and setting up obvious signs for facilities and behaviors that may cause risks. Therefore, the specific responsibility should be determined by the wrong party.
legal ground
Article 1245th of the Civil Code of People's Republic of China (PRC), if the animals raised by * * * cause damage to others, the animal keeper or manager shall bear the tort liability; However, if it can be proved that the damage was caused by the intentional or gross negligence of the infringed party, the liability may not be assumed or mitigated. Article 1246th If anyone violates the regulations on administration and fails to take safety measures for animals and causes damage to others, the animal keeper or manager shall bear the tort liability; However, it can be proved that the damage was intentionally caused by the infringer, and the liability can be reduced.
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