经营者场所安全责任的合理边界

经营者场所安全责任,是指经营者在提供商品或服务时,因为经营场所的安全未能达到保障消费者人身、财产安全的法定要求或者合同约定的标准,导致消费者人身、财产遭受损害,从而应当承担的民事责任。其责任范围包括时间、空间、对象三方面,安全责任随着服务延伸而扩展。受害人与经营者就场所安全责任发生的争议主要是:侵权责任还是合同违约责任,过错责任还是无过错责任,比例赔偿还是全面赔偿,原告举证还是被告举证。经营者承担的场所安全责任应当以防范设施有效、警示明确、管理谨慎周到、制止侵害果敢、实施救助及时、保全证据妥善作为合理边界。

The Reasonable Frontier of Occupier's Liability

Occupier's liability refers to certain civil liability which the business operators will take because the security of their business places does not fill the legal or contractual requirements that would ensure the personal and property security of their customers, and as a result, the personal injury or property damage is caused by the unsafe factors when business operators provide their commodities and services. The scope of occupier's liability concludes three factors: time, space and the object, at the same time, the scope will expand with the extension of their services. The disputes between victims and business operators on occupier's liability are mainly about: liability for tort or for breach of contract; fault or non-fault liability; proportional or all-inclusive compensation; the allocation of burden of proof. The reasonable frontier of occupier's liability should be defined by the effective precautionary facilitations, the noticeable warnings, the discreet supervisions, the resolute anti-violation actions, the timely rescues and the well -kept evidences.