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高度危险责任
从事高度危险作业造成他人损害的，应当承担侵权责任。
民用核设施发生核事故造成他人损害的，民用核设施的经营者应当承担侵权责任，但能够证明损害是因战争等情形或者受害人故意造成的，不承担责任。
民用航空器造成他人损害的，民用航空器的经营者应当承担侵权责任，但能够证明损害是因受害人故意造成的，不承担责任。
占有或者使用易燃、易爆、剧毒、放射性等高度危险物造成他人损害的，占有人或者使用人应当承担侵权责任，但能够证明损害是因受害人故意或者不可抗力造成的，不承担责任。被侵权人对损害的发生有重大过失的，可以减轻占有人或者使用人的责任。
从事高空、高压、地下挖掘活动或者使用高速轨道运输工具造成他人损害的，经营者应当承担侵权责任，但能够证明损害是因受害人故意或者不可抗力造成的，不承担责任。被侵权人对损害的发生有过失的，可以减轻经营者的责任。
遗失、抛弃高度危险物造成他人损害的，由所有人承担侵权责任。所有人将高度危险物交由他人管理的，由管理人承担侵权责任；所有人有过错的，与管理人承担连带责任。
非法占有高度危险物造成他人损害的，由非法占有人承担侵权责任。所有人、管理人不能证明对防止他人非法占有尽到高度注意义务的，与非法占有人承担连带责任。
未经许可进入高度危险活动区域或者高度危险物存放区域受到损害，管理人已经采取安全措施并尽到警示义务的，可以减轻或者不承担责任。
承担高度危险责任，法律规定赔偿限额的，依照其规定。 |
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LIABILITY FOR
HIGH DANGER
Where any
person causes
damages to other
people by
engaging in
operations that
are greatly
hazardous, he
shall bear the
liability for
infringement.
Where in a
civil nuclear
installation a
nuclear accident
occurs and
causes damages
to other people,
the operator of
the civil
nuclear
installation
shall bear the
liability for
infringement,
but if it can be
proven that the
damages were
caused by
circumstances
such as war or
deliberately
caused by the
victim, it shall
not bear the
liability.
Where a civil
aircraft causes
damages to other
people, the
operator of the
civil aircraft
shall bear the
liability for
infringement,
but if it can be
proven that the
damages were
deliberately
caused by the
victim, it shall
not bear the
liability.
Where anyone
possesses or
uses highly
dangerous
articles such as
combustible,
explosive, high
toxic or
radioactive
substances and
causes damages
to other people,
the possessor or
user shall bear
the liability
for
infringement,
but if it can be
proven that the
damages were
deliberately
caused by the
victim or caused
by force majeure,
he shall not
bear the
liability. Where
the infringed
party is with
gross negligence
regarding the
occurrence of
the damages, the
liability of the
possessor or the
user may be
reduced.
Where any
person causes
damages to other
people by
engaging in
activities such
as those
involving high
height, high
pressure,
digging under
ground or using
high-speed-orbit
means of
transport, the
operator shall
bear the
liability for
infringement,
but if it can be
proven that the
damages were
deliberately
caused by the
victim or caused
by force majeure,
he shall not
bear the
liability. Where
the infringed
party is with
negligence
regarding the
occurrence of
the damages, the
liability of the
operator may be
reduced.
Where a person
losses, abandons
highly dangerous
articles and
causes damages
to other people,
the owner shall
bear the
liability for
infringement.
Where the owner
hands over the
highly dangerous
articles under
other person’s
management, the
manger shall
bear the
liability for
infringement;
where the owner
is at fault, he
and the manager
shall bear the
joint liability.
Where anyone
possesses a
highly dangerous
article
illegally and
causes damages
to other people,
the illegal
possessor shall
bear the
liability for
infringement.
Where the owner
or manger can’t
prove that he
has fulfilled
the obligation
of highly paying
attention to
preventing the
article from
being illegally
possessed by the
other people,
the owner or
manager and the
illegal
possessor shall
bear the joint
liability.
A person
without
permission
enters into a
highly dangerous
activity area or
an area where a
highly dangerous
article is
stored and is
caused damages,
where the
manager has
adopted safety
measures and
fulfilled the
duty of warning,
he may bear the
reduced or no
liability.
In the case of
bearing the
liability for
high danger,
where laws have
stipulated the
limit of the
amount of the
compensation,
the stipulations
shall apply. |