Civil Code of Einsenland – Tort Liability (British English)
Reference translation into British English. The Chinese source is available here. This translation preserves its numbering and legal status; it is not a jointly authenticated text of equal legal authority. See source and translation notes. The source is draft material with unresolved institutional references and other defects; translating it does not adopt or correct those provisions.
中文 · Deutsch · All translations
Section 762 [Principles governing tort liability]
A person who, through fault, infringes another person's civil rights or interests and causes damage must bear tort liability.
Where the law presumes a person to be at fault, that person must bear tort liability unless they prove that they were not at fault.
Where the law provides that a person who causes damage to another person's civil rights or interests must bear tort liability irrespective of fault, that provision applies.
Section 763 [Forms of tort liability]
The principal forms of tort liability are:
(1) cessation of the infringement;
(2) removal of an obstruction;
(3) elimination of a danger;
(4) return of property;
(5) restoration to the original condition;
(6) compensation for loss;
(7) an apology;
(8) elimination of adverse effects and restoration of reputation.
These forms of tort liability may be applied separately or in combination.
Section 764 [Compensation for mental distress caused by infringement of personal rights and interests]
Where infringement of a natural person's personal rights and interests causes serious mental distress, the injured person is entitled to claim compensation for that distress.
Where intentional or grossly negligent infringement of a particular object of personal significance to a natural person causes serious mental distress, the injured person is entitled to claim compensation for that distress.
Section 765 [Calculation of property loss]
Where another person's property is infringed, the loss must be calculated by reference to the market price at the time of the loss or by another reasonable method.
Section 766 [Compensation for property loss caused by infringement of personal rights and interests]
Where infringement of another person's personal rights and interests causes property loss, compensation must be based on the injured person's resulting loss or the infringer's resulting gain. Where both are difficult to determine and the parties cannot agree the amount, the People's Court must determine it in the light of the actual circumstances if proceedings are brought before it.
Section 767 [Punitive damages]
The injured person is entitled to claim punitive damages from an infringer who intentionally infringes another person's rights to life or health or whose infringement involves other serious circumstances.
The People's Court must determine punitive damages by reference to the nature, circumstances and consequences of the tort and other relevant factors, but they must not exceed three times the injured person's actual loss.
Section 768 [Lawful defence]
No civil liability arises for damage caused in lawful defence.
Where lawful defence exceeds the necessary limits and causes unwarranted damage, the person acting in defence must bear appropriate civil liability.
Section 769 [Necessity]
Civil liability for damage caused by action taken out of necessity is borne by the person who created the danger.
Where the danger arises from natural causes, the person acting out of necessity bears no civil liability, but appropriate compensation may be awarded.
Where the measures taken are inappropriate or exceed the necessary limits and cause unwarranted damage, the person acting out of necessity must bear appropriate civil liability.
Section 770 [Voluntary emergency assistance]
A person who voluntarily provides emergency assistance bears no civil liability for resulting damage to the person assisted.
Section 771 [Self-help]
Where lawful rights or interests are infringed, the circumstances are urgent, protection by a state authority cannot be obtained in time, and failure to act immediately would cause irreparable harm, the injured person may take reasonable measures, including retaining the infringer's property, to the extent necessary to protect those rights or interests. The injured person must, however, immediately request the competent state authority to deal with the matter.
An injured person whose inappropriate measures cause damage to another person must bear tort liability.
Section 772 [Voluntary assumption of risk]
A person who voluntarily participates in a sporting or cultural activity involving a degree of risk and suffers damage through another participant's conduct may not require that participant to bear tort liability, unless that participant caused the damage intentionally or through gross negligence.
The liability of the organiser is governed by Sections 816 to 818 of this Code.
Section 773 [Intentional conduct of the injured person]
A person bears no liability for damage caused intentionally by the injured person.
Section 774 [Fault of the injured person]
The infringer's liability may be reduced where the injured person was at fault in causing or increasing the same damage.
Section 775 [Damage caused by a third party]
Where damage is caused by a third party, that third party must bear tort liability.
Section 776 [Joint torts]
Two or more persons who jointly commit a tort causing damage to another person must bear joint and several liability.
Section 777 [Instigating or assisting a tort]
A person who instigates or assists another person to commit a tort must bear joint and several liability with that person.
A person who instigates or assists a person with no or limited capacity for civil acts to commit a tort must bear tort liability. A guardian who failed to perform their guardianship duties must bear corresponding liability.
Section 778 [Jointly dangerous conduct]
Where two or more persons engage in conduct endangering another person's personal or property safety and one or more of them cause damage, the identified infringer must bear liability if the particular infringer can be determined; otherwise, the persons engaging in that conduct must bear joint and several liability.
Section 779 [Joint and several liability for separate torts]
Where two or more persons separately commit torts causing the same damage and each person's tort would have been sufficient to cause the entire damage, they must bear joint and several liability.
Section 780 [Proportionate liability for separate torts]
Where two or more persons separately commit torts causing the same damage, each must bear liability corresponding to their responsibility if its extent can be determined; otherwise, they must bear liability equally.
Section 781 [Contribution between persons jointly and severally liable]
The compensation payable by persons jointly and severally liable must be determined according to their respective responsibility; where its extent is difficult to determine, they must bear compensation liability equally.
A person jointly and severally liable who has borne more than their share is entitled to recover the excess from the other persons jointly and severally liable.
Section 782 [Liability for entrusted guardianship]
Where a person with no or limited capacity for civil acts causes damage to another person, the guardian must bear tort liability. The guardian's liability may be reduced if they performed their guardianship duties.
Where that person has property of their own, compensation must be paid from that property; any shortfall must be paid by the guardian.
Section 783 [Torts committed during temporary loss of awareness]
A person with full capacity for civil acts who temporarily lacks awareness or control of their conduct and causes damage to another person must bear tort liability if at fault. If not at fault, they must provide appropriate compensation according to their financial circumstances.
A person with full capacity for civil acts who temporarily lacks awareness or control through intoxication or abuse of narcotic or psychotropic drugs and causes damage to another person must bear tort liability.
Section 784 [Employer's liability]
Where a member of staff causes damage to another person in carrying out work duties, the employer must bear tort liability. After bearing liability, the employer may recover from a member of staff who acted intentionally or with gross negligence.
During a labour-dispatch arrangement, the undertaking receiving the dispatched worker must bear tort liability for damage caused by the worker in carrying out work duties. A labour-dispatch undertaking that is at fault must bear corresponding liability.
Section 785 [Liability in personal service relationships]
Where individuals form a service relationship and the service provider causes damage to another person in providing the service, the recipient must bear tort liability. After bearing liability, the recipient may recover from a provider who acted intentionally or with gross negligence. Where the provider suffers damage through the service, each party must bear liability according to their respective fault.
Where a third party causes damage to the provider during the provision of services, the provider is entitled to claim tort liability against the third party or compensation from the recipient. After compensating the provider, the recipient may recover from the third party.
Section 786 [Torts committed by a contractor]
Where a contractor causes damage to a third party or to themselves while completing work, the customer bears no tort liability. The customer must, however, bear corresponding liability if at fault in commissioning the work, giving instructions or selecting the contractor.
Section 787 [Online tort liability]
Internet users and internet service providers who use the internet to infringe another person's civil rights or interests must bear tort liability. Any contrary statutory provision applies.
Section 788 [Liability of internet service providers]
Where an internet user commits a tort using an internet service, the rights holder is entitled to notify the service provider to take necessary measures, including removal, blocking or disabling links. The notice must include prima facie evidence of the infringement and the rights holder's true identity information.
After receiving the notice, the provider must promptly forward it to the relevant user and take necessary measures having regard to the prima facie evidence and type of service. A provider that fails to take necessary measures promptly must bear joint and several liability with that user for the resulting increase in damage.
A rights holder whose erroneous notice causes damage to a user or provider must bear tort liability. Any contrary statutory provision applies.
Section 789 [Knowledge of internet service providers]
An internet service provider that knows or ought to know that a user is using its service to infringe another person's civil rights or interests, and fails to take necessary measures, must bear joint and several liability with that user.
Section 790 [Counter-notification by internet users]
After receiving a forwarded notice, a user may submit a statement of non-infringement to the provider. The statement must include prima facie evidence of non-infringement and the user's true identity information.
After receiving the statement, the provider must forward it to the rights holder who issued the notice and inform that person of their right to complain to the competent authority or bring proceedings before the People's Court. If, within a reasonable period after the forwarded statement reaches the rights holder, the provider receives no notice that a complaint or proceedings have been initiated, it must promptly discontinue the measures taken.
Section 791 [Scope of compensation for personal injury]
A person who causes personal injury to another must compensate reasonable treatment and rehabilitation expenses, including medical, nursing, travel and nutritional expenses and hospital meal allowances, and income lost through absence from work. Where disability results, compensation must also include assistive-device expenses and disability compensation; where death results, it must also include funeral expenses and death compensation.
Section 792 [Compensation for multiple deaths caused by the same tort]
Where the same tort causes multiple deaths, death compensation may be fixed at the same amount for each person.
Section 793 [Persons entitled to claim following the injured person's death]
Where the injured person dies, their close relatives are entitled to require the infringer to bear tort liability. Where the injured party is an organisation that is divided or merged, the organisation succeeding to its rights is entitled to require the infringer to bear tort liability.
A person who paid reasonable expenses, including the injured person's medical or funeral expenses, is entitled, after that person's death, to recover those expenses from the infringer, unless the infringer has already paid them.
Section 794 [Compensation for expenses arising from infringement of personal rights and interests]
Where infringement of another person's personal rights or interests causes serious mental distress, the injured person may claim compensation for that distress.
Section 795 [Method of payment of compensation]
A person who causes personal injury to another must compensate reasonable treatment and rehabilitation expenses, including medical, nursing, travel and nutritional expenses and hospital meal allowances, and income lost through absence from work. Where disability results, compensation must also include assistive-device expenses and disability compensation; where death results, it must also include funeral expenses and death compensation.
Section 796 [Periodic payments]
Compensation for property loss caused by infringement of personal rights or interests may be paid as a lump sum or periodically. Where payments are periodic, the infringer must provide appropriate security.
Section 797 [Guardian's liability]
Where a person with no or limited capacity for civil acts causes damage to another person, the guardian must bear tort liability. The guardian's liability may be reduced if they performed their guardianship duties.
Where that person has property of their own, compensation must be paid from that property; any shortfall must be paid by the guardian.
Section 798 [Employer's liability]
Where a member of staff causes damage to another person in carrying out work duties, the employer must bear tort liability. After bearing liability, the employer may recover from a member of staff who acted intentionally or with gross negligence.
Section 799 [Liability in contracts for work]
Where a contractor causes damage to a third party or to themselves while completing work, the customer bears no tort liability. The customer must, however, bear corresponding liability if at fault in commissioning the work, giving instructions or selecting the contractor.
Section 800 [Product liability]
A producer must bear tort liability where a defect in a product causes damage to another person.
Section 801 [Definition of a product defect]
A product is defective if it presents an unreasonable danger to personal safety or the safety of another person's property. Where national or industry standards safeguard health or personal and property safety, a defect means failure to comply with those standards.
Product defects include defects in design, manufacture and warnings.
[Case illustration: duty of care in product liability]
A producer owes a duty to exercise reasonable care in relation to its products. The producer must ensure that a product presents no unreasonable danger to consumers' personal or property safety when placed into circulation. Even without a direct contractual relationship with the ultimate consumer, the producer remains subject to product liability towards that consumer. A consumer need not establish a contractual relationship with the producer to claim tort liability against it.
Section 802 [Seller's product liability]
Where a product defect causes damage, the injured person may claim compensation from the producer or the seller.
Where the producer caused the defect, the seller is entitled to recover from the producer after paying compensation. Where the seller's fault caused the defect, the producer is entitled to recover from the seller after paying compensation.
Section 803 [Defences to product liability]
A producer bears no compensation liability if it proves any of the following:
(1) it did not place the product into circulation;
(2) the defect causing the damage did not exist when the product was placed into circulation;
(3) the state of scientific and technological knowledge when the product was placed into circulation did not permit discovery of the defect.
Subparagraph (3) does not apply where personal injury or death results.
Section 804 [Joint and several product liability]
Where the fault of a third party, including a carrier or warehouse operator, causes a product defect and resulting damage, the producer or seller is entitled to recover from that third party after paying compensation.
Section 805 [Product recall]
Where a defect is discovered after a product has entered circulation, the producer and seller must promptly take remedial measures, including suspension of sales, warnings and recall. If failure to act promptly or inadequate remedial action increases the damage, they must also bear tort liability for that increase.
Where a recall is undertaken under the preceding paragraph, the producer and seller must bear the necessary expenses incurred by the injured person as a result.
Section 806 [Duty to monitor products]
A producer must monitor its products and, on discovering a defect, promptly report it to the competent authorities and take corresponding measures.
Section 807 [Punitive damages for a known product defect]
Where a person knowingly produces or sells a defective product, or fails to take effective remedial measures under the preceding Section, causing death or serious harm to health, the injured person is entitled to claim corresponding punitive damages.
Punitive damages must be between one and three times the injured person's actual loss, inclusive.
Section 808 [Liability for motor vehicle traffic accidents]
Compensation liability for damage caused by a motor vehicle traffic accident is governed by road traffic safety legislation and the relevant provisions of this Code.
Section 809 [Liability where a vehicle is hired or borrowed]
Where, through hire, borrowing or otherwise, the owner or manager of a motor vehicle is not its user, and an accident causes damage for which the motor vehicle side is responsible, the user must bear compensation liability. An owner or manager who is at fault in the occurrence of the damage must bear corresponding compensation liability.
Section 810 [Liability for unauthorised driving]
Where a motor vehicle has been transferred and delivered by sale or otherwise but registration has not been completed, the transferee must bear compensation liability for accident damage for which the motor vehicle side is responsible.
Section 811 [Liability involving stolen or forcibly taken vehicles]
Where a stolen, robbed or forcibly snatched motor vehicle causes damage in an accident, the thief, robber or snatcher must bear compensation liability. If that person is not the user and the motor vehicle side is responsible, that person and the user must bear joint and several liability.
An insurer that advances emergency treatment expenses within the compulsory motor insurance liability limit is entitled to recover from the person responsible for the accident.
Section 812 [Liability following a hit-and-run accident]
Where a motor vehicle driver flees after an accident and the vehicle is compulsorily insured, the insurer must pay compensation within the compulsory insurance liability limit. If the vehicle is unidentified or uninsured, or emergency treatment costs exceed that limit, the Road Traffic Accident Social Assistance Fund must advance necessary emergency treatment, funeral and other expenses relating to the injured person's personal injury or death. After making an advance, the Fund's managing body is entitled to recover from the person responsible for the accident.
Section 813 [Allocation of liability between motor vehicles, non-motor vehicle users and pedestrians]
In an accident between a motor vehicle and a non-motor vehicle user or pedestrian, the motor vehicle side must compensate where the latter is not at fault. If evidence establishes fault on the part of the latter, compensation liability of the motor vehicle side must be reduced appropriately according to the degree of fault. Where the motor vehicle side is not at fault, its compensation liability must not exceed 10 per cent.
The motor vehicle side bears no compensation liability where the loss was caused by a non-motor vehicle user or pedestrian intentionally colliding with the vehicle.
Section 814 [Gratuitous lifts]
Where an accident involving a motor vehicle not used commercially injures a person carried free of charge, compensation liability attributable to the motor vehicle side must be reduced, unless the user acted intentionally or with gross negligence.
Section 815 [Liability for medical injury]
Where a patient suffers damage during diagnosis or treatment through the fault of a medical institution or its medical staff, the institution must bear compensation liability.
Section 816 [Medical staff's duty to inform]
Medical staff must explain the patient's condition and medical measures during diagnosis and treatment. Where surgery, a special examination or special treatment is required, staff must promptly explain the medical risks, alternative medical options and other relevant matters specifically to the patient and obtain the patient's express consent. Where explanation to the patient is impossible or inappropriate, staff must explain these matters to the patient's close relatives and obtain their express consent.
Where failure to perform that duty causes damage to the patient, the institution must bear compensation liability.
Section 817 [Duty in diagnosis and treatment]
Where medical staff fail to perform the duty of diagnosis and treatment corresponding to the medical standards prevailing at the time and cause damage to the patient, the institution must bear compensation liability.
Section 818 [Presumed fault of a medical institution]
Where a patient suffers damage, the medical institution is presumed to be at fault in any of the following circumstances:
(1) breach of legislation, administrative regulations, rules or other relevant diagnostic or treatment standards;
(2) concealment of or refusal to provide medical records relevant to the dispute;
(3) loss, forgery, alteration or unlawful destruction of medical records.
Section 819 [Emergency medical measures]
Where an emergency, including the rescue of a critically ill patient, prevents the patient's or close relatives' views from being obtained, corresponding medical measures may be taken immediately with approval from the head of the institution or a person authorised to approve them.
Section 820 [Defences available to medical institutions]
A medical institution bears no compensation liability for damage to a patient in any of the following circumstances:
(1) the patient or close relatives fail to co-operate with diagnosis or treatment that complies with the relevant standards;
(2) medical staff have performed their reasonable diagnostic and treatment duties in an emergency, including the rescue of a critically ill patient;
(3) diagnosis or treatment is difficult owing to the limitations of medical standards prevailing at the time.
In the circumstances in subparagraph (1), an institution or its medical staff that is also at fault must bear corresponding compensation liability.
Section 821 [Liability for medical products]
Where defects in medicines, disinfectants or medical devices, or transfusion of non-compliant blood, cause damage to a patient, the patient may claim compensation from the medicinal product marketing authorisation holder, producer or blood-supplying institution, or from the medical institution. After compensating the patient, the medical institution is entitled to recover from the responsible marketing authorisation holder, producer or blood-supplying institution.
Section 822 [Prohibition of excessive medical intervention]
Medical institutions and their medical staff must not carry out unnecessary examinations contrary to diagnostic and treatment standards.
Section 823 [Copies of and access to medical records]
Medical institutions must complete and properly retain medical records as prescribed, including inpatient histories, medical orders, test reports, surgical and anaesthetic records, pathology materials and nursing records.
They must promptly provide the records specified in the preceding paragraph when a patient requests access or copies.
Section 824 [Protection of patients' privacy]
Medical institutions and their medical staff must keep patients' privacy and personal information confidential. They must bear tort liability for disclosing such privacy or information or publishing medical records without the patient's consent.
Section 825 [Personal safety of medical staff]
The lawful rights and interests of medical institutions and their medical staff are protected by law.
A person who disrupts medical order, obstructs staff's work or daily life, or infringes their lawful rights or interests must bear legal liability in accordance with law.
Section 826 [Liability for environmental pollution]
An infringer must bear tort liability for damage caused to another person by environmental pollution or ecological destruction.
Section 827 [Reversal of the burden of proof]
In a dispute arising from environmental pollution or ecological destruction, the person concerned bears the burden of proving statutory grounds for exemption or reduction of liability and the absence of a causal connection between their conduct and the damage.
Section 828 [Joint and several liability for environmental torts]
Where two or more infringers pollute the environment or destroy the ecology, their respective liability must be determined by factors including pollutant type, concentration and discharge quantity, the manner, extent and degree of ecological destruction, and the contribution of the conduct to the resulting damage.
Section 829 [Fault of a third party]
Where a third party's fault causes environmental pollution or ecological destruction and damage, the injured person may claim compensation from the infringer or the third party. After compensating the injured person, the infringer is entitled to recover from the third party.
Section 830 [Punitive damages for environmental torts]
Where breach of state provisions causes ecological or environmental damage capable of restoration, the authority designated by state provisions or an organisation designated by law is entitled to require the infringer to restore it within a reasonable period. If the infringer fails to do so, that authority or organisation may carry out restoration itself or commission another person, at the infringer's expense.
Where intentional breach of state provisions through environmental pollution or ecological destruction causes serious consequences, the injured person is entitled to claim corresponding punitive damages.
Section 831 [Compensation for ecological and environmental damage]
Where breach of state provisions causes ecological or environmental damage, the authority designated by state provisions or an organisation designated by law is entitled to require the infringer to compensate:
(1) losses from the loss of service functions between the occurrence of the damage and completion of restoration;
(2) losses caused by permanent impairment of ecological and environmental functions;
(3) investigation, expert assessment and evaluation expenses relating to the damage;
(4) pollution removal and ecological restoration expenses;
(5) reasonable expenditure on preventing damage and its increase.
Section 832 [Liability for highly hazardous operations]
A person engaged in highly hazardous operations must bear tort liability for resulting damage to another person.
Section 833 [Liability for civilian nuclear installations]
Where a nuclear accident at a civilian nuclear installation or involving nuclear material transported into or out of it causes damage to another person, the operator must bear tort liability, unless it proves that the damage was caused by war, armed conflict, insurrection or similar circumstances, or by the injured person's intentional conduct.
Section 834 [Liability for civilian aircraft]
The operator of a civilian aircraft must bear tort liability for damage caused by it to another person, unless it proves that the damage was caused by the injured person's intentional conduct.
Section 835 [Liability for highly hazardous substances]
A person possessing or using highly hazardous substances, including inflammable, explosive, highly toxic, highly radioactive, strongly corrosive or highly pathogenic substances, must bear tort liability for resulting damage to another person, unless they prove that the damage was caused by the injured person's intentional conduct or force majeure. Liability may be reduced where the injured person was grossly negligent in causing the damage.
Section 836 [Liability for work at height, high voltage, underground excavation and high-speed rail]
An operator engaged in work at height, high-voltage work or underground excavation, or using high-speed rail vehicles, must bear tort liability for resulting damage to another person, unless it proves that the damage was caused by the injured person's intentional conduct or force majeure. Liability may be reduced where the injured person was grossly negligent in causing the damage.
Section 837 [Liability for lost or abandoned highly hazardous substances]
The owner must bear tort liability where lost or abandoned highly hazardous substances cause damage to another person. Where the owner entrusted their management to another person, the manager must bear tort liability; an owner who is at fault must bear joint and several liability with the manager.
Section 838 [Liability for unlawful possession of highly hazardous substances]
A person unlawfully possessing highly hazardous substances must bear tort liability for resulting damage to another person. An owner or manager unable to prove a high degree of care in preventing unlawful possession must bear joint and several liability with that person.
Section 839 [Safety duties in highly hazardous areas]
A manager must bear tort liability where failure to erect conspicuous warning signs and take safety measures in a highly hazardous area or an area for storing highly hazardous substances causes damage to another person.
Section 840 [Application of liability for highly hazardous activities]
Statutory compensation limits for highly hazardous operations apply, except where the person concerned acted intentionally or with gross negligence.
Section 841 [Liability for damage caused by kept animals]
The keeper or manager of an animal must bear tort liability for damage caused by it to another person. Liability may, however, be excluded or reduced if they prove that the damage was caused by the injured person's intentional conduct or gross negligence.
Section 842 [Liability for animals kept contrary to management rules]
Where breach of management rules through failure to take safety measures for an animal causes damage, its keeper or manager must bear tort liability. Liability may, however, be reduced if they prove that the damage was caused intentionally by the injured person.
Section 843 [Liability for dangerous animals whose keeping is prohibited]
The keeper or manager must bear tort liability where a kept animal is a dangerous animal whose keeping is prohibited and causes damage to another person.
Section 844 [Liability for zoo animals]
A zoo must bear tort liability for damage caused by its animals to another person, unless it proves that it performed its management duties.
Section 845 [Liability for abandoned or escaped animals]
The former keeper or manager must bear tort liability for damage caused by an abandoned or escaped animal during its abandonment or escape.
Section 846 [Animal damage caused through a third party's fault]
Where a third party's fault causes an animal to injure another person, the injured person may claim compensation from the keeper or manager or the third party. After compensating the injured person, the keeper or manager is entitled to recover from the third party.
Section 847 [Liability for collapse or subsidence of buildings and other facilities]
Where a building, structure or other facility collapses or subsides and causes damage, the developer and construction contractor must bear joint and several liability, unless they prove that no quality defect existed. After paying compensation, they are entitled to recover from any other person responsible.
Where collapse or subsidence causing damage is attributable to an owner, manager, user or third party, that person must bear tort liability.
Section 848 [Liability for detached or falling parts of buildings and other objects]
Where a building, structure or other facility, or an object placed or suspended on it, becomes detached or falls and causes damage, an owner, manager or user unable to prove absence of fault must bear tort liability. After paying compensation, they are entitled to recover from any other person responsible.
Section 849 [Liability for objects thrown or falling from height]
Throwing objects from buildings is prohibited. The infringer must bear tort liability under law for damage caused by an object thrown or falling from a building. Where investigation cannot identify the particular infringer, the building users who may have caused the damage must provide compensation, except those who prove that they were not the infringer. After providing compensation, those users are entitled to recover from the infringer.
Building managers, including property service undertakings, must take necessary safety measures to prevent those occurrences. Failure to do so entails tort liability under law for breach of the safety duty.
Where the circumstances in the first paragraph arise, the police and other authorities must promptly investigate in accordance with law and identify the person responsible.
Section 850 [Liability for stacked objects]
Where stacked objects collapse, roll or slide and cause damage, a person who stacked them and cannot prove absence of fault must bear tort liability.
Section 851 [Liability for objects obstructing passage]
A person who piles, dumps or scatters objects obstructing passage on a public road and causes damage must bear tort liability. A public road manager unable to prove performance of duties including clearance, protection and warning must bear corresponding liability.
Section 852 [Liability for trees]
Where a tree breaks or falls, or fruit falls, and causes damage, an owner or manager unable to prove absence of fault must bear tort liability.
Section 853 [Liability for underground facilities]
Where underground facilities, including inspection chambers, cause damage, a manager unable to prove performance of management duties must bear tort liability.
Section 854 [Safety duties]
Operators or managers of commercial or public premises, including hotels, shopping centres, banks, stations, airports, sports grounds and entertainment venues, and organisers of mass activities, must bear tort liability where failure to perform safety duties causes damage to another person.
Where a third party's conduct causes damage, that third party must bear tort liability. An operator, manager or organiser that failed to perform safety duties must bear corresponding supplementary liability and, after doing so, may recover from the third party.
Section 855 [Fault-based liability of educational institutions]
Where a person with no capacity for civil acts suffers personal injury while studying or living at a nursery, school or other educational institution, the institution must bear tort liability unless it proves that it performed its educational and management duties.
Section 856 [Presumed-fault liability of educational institutions]
Where a person with limited capacity for civil acts suffers personal injury while studying or living at a school or other educational institution, the institution must bear tort liability if it failed to perform its educational and management duties.
Section 857 [Supplementary liability of educational institutions]
Where a person with no or limited capacity for civil acts suffers personal injury from a third party outside the nursery, school or other educational institution while studying or living there, the third party must bear tort liability. An institution that failed to perform its management duties must bear corresponding supplementary liability and, after doing so, may recover from the third party.