The imputation principle of safety guarantee obligation

The principle of imputation and presumption of fault of security obligation. That is to say, the operators, managers or organizers of mass activities in business premises and public places that bear this obligation will bear tort liability if they fail to fulfill their obligations. Operators, managers or organizers of mass activities in hotels, shopping malls, banks, stations, airports, stadiums, entertainment places and other business places shall bear tort liability if they fail to fulfill their security obligations and cause damage to others.

A, security obligations and the corresponding rights subject is:

1, consumer;

2. Potential consumers;

3. Anyone who actually enters the service place;

Second, what are the operators' security obligations?

1. The pure inaction of the operators did not create a very safe consumption environment, which made consumers suffer greatly. When digging ditches, they shall cover them or take necessary measures.

2. The service provided by the operator or unsafe hardware equipment causes the customer to suffer losses, and the operator has the obligation to prevent the occurrence of danger. If you hold a reception at home, you should prevent the old tree from hurting the guests; If the stairs in the restaurant are not completely repaired, you should set up a sign or cut off the access to the stairs.

3. Due to the negative inaction of operators engaged in certain businesses or occupations, they did not diligently fulfill their obligations to prevent and stop illegal infringement. When operating a hotel, we should pay attention to the obligation of removing oil pollution from the corridor, maintaining elevator safety and ensuring the smooth exit.

Legal basis: Article 1 198 of the Civil Code of People's Republic of China (PRC). Operators, managers or organizers of mass activities in hotels, shopping malls, banks, stations, airports, stadiums, entertainment places and other business places shall bear tort liability if they fail to fulfill their security obligations and cause damage to others. If the behavior of a third party causes damage to others, the third party shall bear the tort liability; Operators, managers or organizers who fail to fulfill their security obligations shall bear corresponding supplementary responsibilities. Operators, managers or organizers may claim compensation from a third party after assuming supplementary responsibilities.