Civil Code of the People's Republic of China/Book Seven

by National People's Congress

Book Seven
Tort Liability

Chapter I
General Rules

Article 1164

This Book regulates the civil-law relations arising from the infringement of the civil-law rights and interests.

Article 1165

An actor who through his fault infringes upon another person’s civil-law rights and interests shall bear tort liability.

Where an actor is presumed to be at fault according to the provisions of law and is unable to prove that he is not at fault, the actor shall bear tort liability.

Article 1166

Where an actor harms the civil-law rights and interests of another person, if the law provides that tort liability shall be borne by such an actor disregarding whether or not the actor is at fault, such provisions shall be followed.

Article 1167

Where a tortious act endangers another person’s personal or property safety, the infringed person has the right to request the tortfeasor to bear tort liability such as cessation of the infringement, removal of the nuisance, or elimination of the danger.

Article 1168

Where two or more persons jointly commit a tortious act causing damage to another person, they shall bear joint and several liability.

Article 1169

A person who aids or abets an actor in the commission of a tortious act shall assume joint and several liability with the actor.

A person who aids or abets an actor with no or limited capacity for performing civil juristic acts in the commission of a tortious act shall assume tort liability, and the guardian of the actor with no or limited capacity for performing civil juristic acts shall assume corresponding liability to the extent he fails to fulfill the duties of guardian.

Article 1170

Where two or more persons commit acts that endanger another person’s personal or property safety and the damage is caused only by acts of one or several of them, if the specific tortfeasor(s) can be identified, the tortfeasor(s) shall bear liability, and if the specific tortfeasor(s) cannot be identified, all of the actors shall assume joint and several liability.

Article 1171

Where the tortious acts separately committed by two or more persons cause the same damage to another person, and each act is sufficient to independently cause the entire damage, the actors shall assume joint and several liability.

Article 1172

Where the tortious acts separately committed by two or more persons cause the same damage to another person, each of them shall bear the liability in proportion to their respective share of fault if it can be determined, or in equal share if it cannot be determined.

Article 1173

Where an infringed person is also at fault for the occurrence or aggravation of the same damage to himself, the liability of the tortfeasor may be mitigated.

Article 1174

An actor does not assume liability for any damage intentionally caused by the victim.

Article 1175

Where a damage is caused by a third person, the third person shall bear tort liability.

Article 1176

Where a person voluntarily participates in a recreational or sports activity with certain inherent risks and thus suffers damage due to another participant’s act, he may not request the other participant to bear tort liability unless the damage is caused by the latter’s intentional act or gross negligence.

The liability of an organizer of such an activity is governed by the provisions of Articles 1198 through 1201 of this Code.

Article 1177

Where a person’s lawful rights and interests are infringed upon and he may suffer irreparable harm if actions are not immediately taken because the situation is urgent and no protection from the State organ is immediately available, he may take reasonable measures such as seizing the property of the tortfeasor to the extent necessary for protecting his lawful rights and interests, provided that he shall immediately thereafter request the relevant State organ to handle it.

A victim who has taken an improper measure so that damage is caused to another person shall bear tort liability.

Article 1178

Where this Code or other laws provide otherwise on the circumstances under which an actor bears no or mitigated liability, such provisions shall be followed.

Chapter II
Damages

Article 1179

Where a person suffers personal injury as a result of an infringement by another person, compensation shall be made for medical expenses, nursing expenses, transportation expenses, nutrition expenses, food allowances for hospitalization, and other reasonable expenses for treatment and rehabilitation, as well as lost earnings due to missed work. Where a person is disabled as a result of an infringement by another person, compensation shall also include the costs of auxiliary equipment and disability compensation. Where a person dies as a result of an infringement by another person, compensation shall also include his funeral expenses and death compensation.

Article 1180

Where a same tortious act causes multiple deaths, the same amount of death compensation may be applied to all of the victims.

Article 1181

Where an infringed person dies, his close relatives have the right to request the tortfeasor to bear tort liability. Where the infringed is an organization and the organization is thereafter split into or merged with other organization(s), the organization succeeding to the right thereof is entitled to request the tortfeasor to bear tort liability.

Where an infringed person dies, the person who has paid for his medical expenses, funeral expenses, and other reasonable expenses has the right to request the tortfeasor to compensate the expenses, except for those expenses already paid by the tortfeasor.

Article 1182

Where an infringement upon the personal rights and interests of a person causes property damage, compensation shall be made according to the damage suffered by the infringed person or the interests gained by the tortfeasor. Where it is difficult to determine the damage suffered by the infringed person and the interests gained by the tortfeasor, and where the infringed person cannot agree with the tortfeasor on the amount of compensation and thus files a lawsuit with the people’s court, the people’s court shall determine the amount of compensation according to the actual situation.

Article 1183

Where an infringement upon the personal rights and interests of a natural person causes serious mental distress, the infringed person has the right to request compensation for pains and suffering.

Where, owing to an actor’s intentional or grossly negligent act, a specific object of personal significance of a natural person is infringed upon, which causes serious mental distress to the person, the infringed person has the right to request compensation for pains and suffering.

Article 1184

In case of an infringement upon another person’s property, property damage shall be calculated according to the market price at the time the damage occurs or by other reasonable methods.

Article 1185

In case of an intentional infringement of another person’s intellectual property rights, where the circumstances are serious, the infringed person has the right to request for corresponding punitive damages.

Article 1186

Where neither the victim nor the actor is at fault for the occurrence of the damage, the losses shall be shared by both parties in accordance with the provisions of law.

Article 1187

After damage has been caused, the parties may negotiate the method of payment of the compensation. Where they fail to reach an agreement, compensation shall be paid in a lump sum, or may be paid in installments where it is truly difficult for the tortfeasor to make a lump-sum payment, except that the infringed person has the right to request the tortfeasor to provide a corresponding security.

Chapter III
Special Provisions on Assumption of Liability

Article 1188

Where a person with no or limited capacity for performing civil juristic acts causes damage to another person, the guardian of the said person shall assume tort liability. The guardian’s tort liability may be mitigated if the guardian has fulfilled his duties of guardian.

Where a person, who has assets but has no or limited capacity for performing civil juristic acts, causes damage to another person, compensation shall be paid out of his own assets and any deficiency balance shall be paid by the guardian.

Article 1189

Where a person with no or limited capacity for performing civil juristic acts causes damage to another person and his guardian has delegated the duties of guardian to someone else, the guardian shall assume tort liability, and the delegated person who is at fault shall assume corresponding liability.

Article 1190

Where a person with full capacity for performing civil juristic acts is at fault for causing damage to another person due to temporary loss of consciousness or loss of control, he shall bear tort liability. Where he is not at fault, he shall make appropriate compensation to the victim according to his financial situation.

Where a person with full capacity for performing civil juristic acts causes damage to another person due to temporary loss of consciousness or loss of control as a result of intoxication or abuse of narcotic or psychotropic drugs, he shall bear tort liability.

Article 1191

Where an employee causes damage to another person in connection with the performance of his work, his employer shall assume tort liability. The employer may, after assuming the tort liability, claim indemnification against the employee who acts intentionally or with gross negligence.

Where, during the period of labor dispatch, a dispatched employee causes damage to another person in connection with the performance of his work, the employer receiving the dispatched employee shall assume tort liability. If the employer dispatching the employee is at fault, it shall assume the corresponding liability.

Article 1192

Where, in a labor relationship formed between individuals, the party providing labor services causes damage to another person in connection with the labor services, the party receiving labor services shall assume tort liability. The service-receiving party may, after assuming the tort liability, claim indemnification against the service-providing party who acts intentionally or with gross negligence. Where the service-providing party suffers damage in connection with the labor services, both parties shall assume corresponding liabilities according to their respective faults.

Where an act of a third person causes damage to the service-providing party when such services are provided, the service-providing party has the right to request the third person to bear tort liability, or to request the service-receiving party to make compensation. The service-receiving party may, after making the compensation, claim indemnification against the third person.

Article 1193

Where a contractor causes damage to a third person or to himself while completing the contracted work, the ordering party does not assume tort liability, except that the ordering party shall assume corresponding liability where he is at fault in placing the order, making the instructions, or selecting the contractor.

Article 1194

Network users and network service providers who, through the network, infringes upon the civil-law rights and interests of another person shall bear tort liability, unless otherwise provided by law.

Article 1195

Where a network user commits a tortious act through using the network service, the right holder is entitled to notify the network service provider to take such necessary measures as deletion, block, or disconnection. The notice shall include the preliminary evidence establishing the tort and the real identity information of the right holder.

After receiving the notice, the network service provider shall timely forward the notice to the relevant network user and take necessary measures based on the preliminary evidence establishing the tort and the type of service complained about.Where it fails to take necessary measures in time, it shall assume joint and several liability for the aggravated part of the damage with the network user.

The right holder who causes damage to the network user or network service provider due to erroneous notification shall bear tort liability, unless otherwise provided by law.

Article 1196

After receiving the forwarded notice, the network user may submit a declaration of non-infringement to the network service provider, which shall include the preliminary evidence of non-infringement and the real identity information of the network user.

After receiving the declaration, the network service provider shall forward it to the right holder who issues the notice, and inform him that he may file a complaint to the relevant department or file a lawsuit with the people’s court. The network service provider shall timely terminate the measures taken where, within a reasonable period of time after the forwarded declaration reaches the right holder, it fails to receive notice that the right holder has filed a complaint or a lawsuit.

Article 1197

A network service provider, who knows or should have known that a network user has infringed upon the civil-law rights and interests of another person by using its network services but fails to take necessary measures, shall assume joint and several liability with the network user.

Article 1198

The operators or managers of business or public premises such as hotels, shopping malls, banks, bus or train stations, airports, stadiums, and places of entertainment, or the organizers of public activities shall bear tort liability where they fail to fulfill the duty of maintaining safety and thus cause damage to another person.

Where the damage to another person is caused by a third person, the third person shall bear tort liability, and the operator, manager, or organizer who fails to fulfill the duty of maintaining safety shall assume the corresponding supplementary liability.After assuming the supplementary liability, the operator, manager, or organizer may claim indemnification against the third person.

Article 1199

Where a person with no capacity for performing civil juristic acts suffers personal injury while studying or living in a kindergarten, school, or any other educational institution, the said kindergarten, school, or educational institution shall assume tort liability, except that the kindergarten, school, or educational institution does not assume tort liability if it can prove that it has fulfilled its responsibilities in education and management.

Article 1200

Where a person with limited capacity for performing civil juristic acts suffers personal injury while studying or living in a school or any other educational institution, the school or educational institution shall assume tort liability if it fails to fulfill its responsibilities in education and management.

Article 1201

Where a person with no or limited capacity for performing civil juristic acts, while studying or living in a kindergarten, school, or any other educational institution, suffers personal injury caused by a third person other than the kindergarten, school, or the educational institution, the third person shall bear tort liability, and the kindergarten, school, or the educational institution shall assume the corresponding supplementary liability if it fails to fulfill its responsibilities in management. After assuming the supplementary liability, the kindergarten, school, or the educational institution may claim indemnification against the third person.

Chapter IV
Product Liability

Article 1202

Where a defect of a product causes damage to another person, the manufacturer of the product shall bear tort liability.

Article 1203

Where a defect of a product causes damage to another person, the infringed person may claim compensation against the manufacturer or the seller of the product.

Where a defect is caused by the manufacturer, the seller who has paid compensation has the right to indemnification against the manufacturer. Where a defect is caused by the fault of the seller, the manufacturer who has paid compensation has the right to indemnification against the seller.

Article 1204

Where the damage is caused by a defect of a product due to the fault of a third person, such as a transporter or a warehouser, the manufacturer or seller of the product who has paid compensation has the right to indemnification against the third person.

Article 1205

Where a defect of a product endangers the personal or property safety of another person, the infringed person has the right to request the manufacturer or seller of the product to bear tort liability in forms of cessation of the infringement, removal of the nuisance, elimination of the danger, or the like.

Article 1206

Where a defect of a product is discovered after the product is put into circulation, the manufacturer or seller of the product shall take remedial measures such as stopping sales, providing warnings, or recalling the product in a timely manner. The manufacturer or seller, who fails to take remedial measures in a timely manner or take ineffective measures so that the damage is aggravated, shall be liable also for the aggravated part of the damage.

Where a product is recalled in accordance with the preceding paragraph, the manufacturer or seller of the product shall bear the necessary expenses incurred to the infringed person.

Article 1207

Where a manufacturer or seller manufactures or sells a product knowing that the product is defective, or failing to take remedial measures in accordance with the provisions of the preceding Article, so that death or serious physical harm is caused to another person, the infringed person has the right to request for the corresponding punitive damages.

Chapter V
Liability for Motor Vehicle Traffic Accidents

Article 1208

Where a motor vehicle is involved in a traffic accident which causes damage, the liability for compensation shall be assumed in accordance with the relevant provisions of the laws on road traffic safety and this Code.

Article 1209

Where the owner, manager, or user of a motor vehicle are not the same person in leasing, borrowing, or the other like situations, and a traffic accident occurs and causes damage to another person, the user of the motor vehicle shall bear the liability for compensation if the liability is attributed to the motor vehicle driver, and the owner or manager of the vehicle who is at fault shall assume the corresponding liability for compensation.

Article 1210

Where a party has transferred and delivered a motor vehicle by way of sale or other means but fails to file for registration, the transferee of the motor vehicle shall bear the liability for compensation if damage is caused as a result of a traffic accident and the liability is attributed to the motor vehicle driver.

Article 1211

Where a person uses his motor vehicle in association with an entity to engage in the business of road transportation, if damage is caused as a result of a traffic accident and the liability is attributed to the motor vehicle driver, the person and the entity shall assume joint and several liability for compensation.

Article 1212

Where a person drives another person’s motor vehicle without authorization, the user of the motor vehicle shall bear the liability for compensation if damage is caused as a result of a traffic accident and the liability is attributed to the motor vehicle driver; the owner or manager of the motor vehicle shall bear the liability for compensation if he has fault which contributes to the damage, unless otherwise provided in this Chapter.

Article 1213

Where damage is caused to another person as a result of a traffic accident and the liability is attributed to the motor vehicle driver, compensation shall be made first by the insurer that underwrites the compulsory motor vehicle insurance within the limit of the insured liability. The deficiencies shall be paid by the insurer that underwrites the commercial motor vehicle insurance in accordance with the stipulations of the insurance contract. Any remaining balance or the part not covered by any commercial motor vehicle insurance shall be paid by the tortfeasor.

Article 1214

Where damage is caused as a result of a traffic accident involving a motor vehicle that has been illegally assembled or has reached the end-of-life standard which is transferred by way of sale or by other means, the transferor and the transferee shall assume joint and several liability.

Article 1215

Where damage is caused as a result of a traffic accident involving a motor vehicle that has been stolen, robbed, or snatched, the thief, robber, or snatcher shall bear the liability for compensation. Where the aforementioned motor vehicle is used by a person other than the thief, robber, or snatcher and causes damage in a traffic accident, if the liability is attributed to the motor vehicle driver, the thief, robber, or snatcher shall assume joint and several liability with the user.

Where an insurer pays the expenses for rescue within the limits of the compulsory insurance liability for motor vehicles, it has the right to indemnification against the person who is liable for the traffic accident.

Article 1216

In a hit-and-run accident, if the motor vehicle is insured by a compulsory insurance, compensation shall be paid by the insurer within the limit of the insured liability. Where the motor vehicle cannot be located, is not covered by the compulsory insurance, or the rescue expenses exceed the limit of liability of the compulsory motor vehicle insurance, and payment needs to be made against the rescue, funeral, and other expenses incurred as a result of the death or bodily injury of the infringed person, such payment shall be paid from the Social Assistance Fund for Road Traffic Accidents. After the Social Assistance Fund for Road Traffic Accidents makes the payment, its administrative agency has the right to indemnification against the person who is liable for the traffic accident.

Article 1217

Where a motor vehicle not engaged in operation of business causes damage in a traffic accident to a guest passenger who is on the ride for free, if the liability is attributed to the motor vehicle driver, the liability of the user of the motor vehicle for compensation shall be mitigated unless he acts intentionally or with gross negligence.

Chapter VI
Liability for Medical Malpractice

Article 1218

Where a patient suffers damage during diagnosis and treatment, and the medical institution or its medical staff is at fault, the medical institution shall assume the liability for compensation.

Article 1219

The medical staff shall explain the medical conditions and treatment measures to the patient when diagnosing and treating him. Where a surgery, a special examination, or a special treatment is needed, the medical staff shall explain to the patient the medical risks, alternative treatment plans, and other information in a timely manner and obtain his express consent. Where it is impossible or inappropriate to do so, the medical staff shall explain it to the patient’s close relatives and get their express consent.

Where the medical staff fail to fulfill the obligations as provided in the preceding paragraph and thus cause damage to the patient, the medical institution shall assume the liability for compensation.

Article 1220

In the case of rescuing a terminally ill patient or in another emergency situation, where consent of the patient or his close relatives cannot be obtained, upon the approval of the person in charge of the medical institution or an authorized person in charge, the corresponding medical measures may be taken immediately.

Article 1221

Where the medical staff fail to fulfill the duty of diagnosing and treating the patient up to the then current appropriate medical level, and thus causes damage to the patient, the medical institution shall assume the liability for compensation.

Article 1222

A medical institution shall be presumed to be at fault where damage is caused to a patient during diagnosis and treatment under any of the following circumstances:

(1) there is a violation of the provisions of laws, administrative regulations, rules, or other relevant guidelines for diagnosis and treatment;

(2) the medical records are concealed or the request for provision thereof is refused; or

(3) the medical records are lost, forged, tempered with, or illegally destroyed.

Article 1223

Where damage is caused to a patient due to a defect in a drug, disinfection product, or medical instrument, or due to the transfusion of substandard blood, the patient may claim compensation against the drug marketing license holder or the manufacturer of the drug, or the blood supply institution, or against the medical institution. Where the patient claims compensation against a medical institution, the medical institution, after paying compensation, has the right to indemnification against the responsible drug marketing license holder or manufacturer of the drug, or the blood supplier.

Article 1224

Under any of the following circumstances, a medical institution does not assume liability for compensation for any damage caused to a patient during diagnosis and treatment:

(1) the patient or his close relative does not cooperate with the medical institution to go through diagnosis and treatment which is in compliance with the guidelines for diagnosis and treatment;

(2) the medical staff have fulfilled their duty of providing reasonable diagnosis and treatment in an emergent situation, such as rescuing a terminally ill patient; or

(3) it is difficult to diagnose and treat a patient due to the restriction of the then current medical level.

Under the circumstance specified in Subparagraph (1) of the preceding paragraph, the medical institution or its medical staff shall assume corresponding liability for compensation where they are also at fault.

Article 1225

Medical institutions and their medical staff shall properly enter and maintain medical records such as hospitalization logs, medical orders, test reports, surgical and anesthesia records, pathological data, and nursing records in accordance with the regulations.

Where a patient requests to retrieve or make copies of their medical records as provided in the preceding paragraph, the medical institution shall provide the records in a timely manner.

Article 1226

Medical institutions and their medical staff shall keep their patients’ private information and personal information confidential. Anyone who divulges the private information or personal information of a patient or discloses his medical records without the patient’s consent shall bear tort liability.

Article 1227

Medical institutions and their medical staff may not conduct unnecessary examinations for the patients in violation of the guidelines for diagnosis and treatment.

Article 1228

The lawful rights and interests of a medical institution and its medical staff are protected by law.

Anyone, who interferes with the order of a medical institution, obstructs the work or life of the medical staff, or infringes upon the lawful rights and interests of the medical staff, shall bear liability in accordance with law.

Chapter VII
Liability for Environmental Pollution and Ecological Damage

Article 1229

A tortfeasor who has polluted the environment or harmed the ecological system and thus causes damage to others shall bear tort liability.

Article 1230

Where any dispute arises from environmental pollution or ecological damage, the actor shall bear the burden to prove that he should not be liable or that his liability could be mitigated as provided by law, and that there is no causation between his act and the damage.

Article 1231

Where environmental pollution or ecological damage is caused by two or more tortfeasors, the extent of liability of each tortfeasor shall be determined according to the factors such as the type, concentration, and quantity of discharge of the pollutants, the way, scope, and degree of damage to the ecological system, and the impact of the act on the consequences of damage.

Article 1232

Where a tortfeasor intentionally pollutes the environment or harms the ecological system in violation of the provisions of law resulting in serious consequences, the infringed person has the right to request for the corresponding punitive damages.

Article 1233

Where environmental pollution or ecological damage is caused owing to the fault of a third person, the infringed person may claim compensation against either the tortfeasor or the third person. After making compensation, the tortfeasor has the right to indemnification against the third person.

Article 1234

Where a tortfeasor causes damage to the ecological environment in violation of the State regulations and if restoration is possible, the State authorized agencies or the organizations authorized by law have the right to request the tortfeasor to bear the responsibility for restoration within a reasonable period of time. Where the tortfeasor fails to restore it within the time limit, the State authorized agencies or the organizations authorized by law may initiate the restoration on its own or entrust it with others, and any expenses thus incurred shall be borne by the tortfeasor.

Article 1235

Where ecological damage is caused in violation of the State regulations, the State authorized agencies or the organizations authorized by law have the right to request the tortfeasor to compensate the following losses and expenses:

(1) losses caused by loss of service function from the time the ecological environment is damaged to the time the restoration is completed;

(2) losses caused by permanent damage to the function of the ecological environment;

(3) expenses for investigation, appraisal, and assessment of the damage to the ecological environment;

(4) expenses for cleaning-up the pollution and restoring the ecological environment; and

(5) other reasonable expenses incurred to prevent the occurrence or aggravation of the damage.

Chapter VIII
Liability for Ultra-hazardous Activities

Article 1236

A person who engages in ultra-hazardous operations and thus causes damage to another person shall bear tort liability.

Article 1237

Where a nuclear accident occurs at a civil nuclear facility or when nuclear materials are transported into or out of a civil nuclear facility and damage is thus caused to another person, the operator of the facility shall bear tort liability, except that the operator does not assume such liability if it can be proven that the damage is caused by a war, an armed conflict, a riot, or under other like circumstances, or the damage is intentionally caused by the victim.

Article 1238

Where a civil aircraft causes damage to another person, the operator of the aircraft shall bear tort liability, except that the operator does not assume any liability if it can be proven that the damage is intentionally caused by the victim.

Article 1239

Where the possession or use of flammable, explosive, highly toxic, highly radioactive, strongly corrosive, highly pathogenic, or other ultrahazardous things causes damage to another person, the possessor or user thereof shall bear tort liability, except that such a possessor or user does not assume any liability if it can be proven that the damage was intentionally caused by the victim or caused by force majeure.

Where the infringed person is grossly negligent for the occurrence of the damage, the liability of the possessor or user may be mitigated.

Article 1240

Where damage is caused to another person by a person engaging in work at a height, high voltage, or underground excavation activities, or by using high-speed rail transport vehicles, the operator shall bear tort liability, except that the operator does not assume any liability if it can be proven that the damage was intentionally caused by the victim or caused by force majeure. Where the infringed person is grossly negligent for the occurrence of the damage, the liability of the operator may be mitigated.

Article 1241

Where damage is caused to another person by an ultra-hazardous thing that is lost or abandoned, the owner of the ultra-hazardous thing shall bear tort liability. Where the owner has delivered the ultra-hazardous thing to another person for management, the manager shall bear tort liability, and the owner shall assume joint and several liability with the manager where he is at fault.

Article 1242

Where damage is caused to another person by an ultra-hazardous thing that is illegally possessed, the illegal possessor of the ultra-hazardous thing shall bear tort liability. The owner or manager of the thing shall assume joint and several liability with the illegal possessor if he cannot prove that he has fulfilled a high duty of care to prevent the illegal possession.

Article 1243

Where a person, without authorization, enters into an area where ultra-hazardous activities are conducted or ultra-hazardous things are stored therein and is thus injured, the liability of the manager of the area may be mitigated or eliminated if it can be proven that he has taken sufficient security measures and fulfilled the duty of sufficient warning.

Article 1244

Where there are provisions of law providing for a limit of compensation for liability incurred as a result of an ultra-hazardous activity, such provisions shall be followed unless the damage is caused by the actor intentionally or with gross negligence.

Chapter IX
Liability for Damage Caused by Domesticated Animals

Article 1245

Where a domesticated animal causes damage to another person, the keeper or custodian of the animal shall bear tort liability, except that his liability may be mitigated or eliminated if it can be proven that the damage is caused by the infringed person intentionally or by gross negligence.

Article 1246

A keeper or custodian of an animal who, in violation of the rules of management, fails to take safety measures on the animal and thus causes damage to another person shall bear tort liability, except that his liability may be mitigated if it can be proven that the damage is intentionally caused by the infringed person.

Article 1247

Where damage is caused to another person by a dangerous animal that is prohibited from being kept, such as a fierce dog, the keeper or custodian of the animal shall bear tort liability.

Article 1248

Where an animal of a zoo causes damage to another person, the zoo shall bear tort liability unless it can be proven that it has fulfilled its duties of management.

Article 1249

Where an abandoned or escaped animal causes damage to another person during the period of being abandoned or on the run, the original keeper or custodian of the animal shall bear tort liability.

Article 1250

Where an animal causes damage to another person due to a third person’s fault, the infringed person may claim compensation against the keeper or custodian of the animal, or against the third person. The keeper or custodian of the animal who has paid compensation has the right to indemnification against the third person.

Article 1251

Anyone who keeps an animal shall abide by laws and regulations, respect social morality, and may not disturb the life of others.

Chapter X
Liability for Damage Caused by Buildings and Objects

Article 1252

Where a building, structure, or another type of facility collapses or subsides and causes damage to another person, the project owner and the constructor shall assume joint and several liability unless they can prove that there is no quality defect. Where the damage is due to the fault of another responsible person, the project owner or constructor who has made compensation has the right to indemnification against the responsible person.

Where a building, structure, or another type of facility collapses or subsides, and damage is thus caused to another person due to the fault of the owner, manager, user, or a third person, the owner, manager, user, or the third person shall bear tort liability.

Article 1253

Where a building, structure, or another type of facility, or any object laid or hanged thereon, comes loose or falls down and thus causes damage to another person, the owner, manager, or user shall bear tort liability if it cannot be proven that he is not at fault. Where the damage is due to the fault of another responsible person, the owner, manager, or user who has paid compensation has the right to indemnification against the responsible person.

Article 1254

Throwing objects from within a building is prohibited. Where an object thrown from within a building or falling off a building causes damage to another person, the tortfeasor shall bear tort liability in accordance with law. Where it is difficult to identify the specific tortfeasor upon investigation, any user of the building who may have caused the damage shall make compensation, unless he can prove that he is not the tortfeasor. A user of the building who has paid compensation has the right to indemnification against the tortfeasor.

The manager of a building such as the property management service enterprise shall take necessary security measures to prevent the occurrence of the incident specified in the preceding paragraph. Where no necessary security measures are taken, it shall bear tort liability for failure to perform the obligation of providing security measures in accordance with law.

Where an incident as specified in the first paragraph of this Article occurs, the relevant authorities, such as the public security department, shall timely conduct investigation in accordance with law and identify the responsible person(s).

Article 1255

Where a stack of objects collapses, rolls down, or slips down, and causes damage to another person, the person who piles up the stack shall bear tort liability if he cannot prove that he is not at fault.

Article 1256

Where damage is caused to another person due to an object stacked, dumped, or left on public road so that the road is obstructed, the actor shall bear tort liability. The public road manager shall assume the corresponding liability if he cannot prove that he has fulfilled his duties such as the duty of clean-up, protection, and warning.

Article 1257

Where a breaking or falling tree or a falling fruit causes damage to another person, the owner or manager of the tree shall bear tort liability where he cannot prove that he is not at fault.

Article 1258

Where excavation of the ground or repair or installation of underground facilities is conducted in a public place or on a public road, which causes damage to another person, the constructor shall bear tort liability if he cannot prove that he has posted an obvious warning sign and taken safety measures.

Where an underground facility, such as a utility access manhole, causes damage to another person, the manager shall bear tort liability if he cannot prove that he has fulfilled his management responsibilities.