Traditional Culture Encyclopedia - Traditional festivals - Is there any responsibility for the free parking lot where vehicles scrape?

Is there any responsibility for the free parking lot where vehicles scrape?

If parking is free, the parking lot will be liable for damages only if there is intentional or gross negligence in the damage or loss of the vehicles it keeps. Free parking lots in non-consumer places such as organs, enterprises and institutions are not intentional or grossly negligent, and do not need to be liable for compensation. If the perpetrator escapes, the loss caused by the vehicle can be settled by the insurance company.

Well, if it's a paid parking lot, and one is a dedicated parking lot, you can issue a parking certificate if you charge for parking. There is also a "free parking" provided by shopping malls, restaurants and other consumer places. Parking is a supporting service provided by merchants to customers, a paid business behavior and a paid parking lot. Scraping occurs during parking, and the parking lot needs to bear the corresponding liability for compensation.

Whether the parking lot is responsible for the storage of parked vehicles and how to divide the responsibilities of the parking lot after the vehicles are damaged are still lacking in clear regulations, which has been controversial. If the vehicle is scratched, it is the responsibility of the perpetrator first. However, it is often unclear who shaved it. As a paid service provider, the parking lot should bear corresponding responsibilities for the damage of vehicles.

Legally speaking, she also analyzed that this case involves two kinds of legal relations: first, the marked vehicle and the infringer are tort relations; The second is to park the car in the underground garage, and the management and the car owner form a paid custody contract relationship.

Therefore, according to the first provision, the owner has the right to choose one of the legal relationships to defend his rights and require the management of the underground parking lot of the shopping mall to bear the liability for breach of contract.

According to the provisions of Article 2, if "paid custody" is adopted, the administrator is required to perform comprehensive security obligations. "Security obligation" is the requirement of Article 3 for all managers in public places, which requires managers to prove that they have actively and diligently fulfilled the contract, that monitoring equipment has been put in place, that they have fulfilled their duties of patrolling and guiding, and that hidden dangers have been eliminated in time, thus reducing or exempting the corresponding responsibilities.