On the morning of 20021April 19, three leopards, one man and two women, over 2 years old, escaped from Hangzhou Wildlife Park. On April 2 1 day, the wildlife world searched independently, and one was captured with an anesthetic gun on the morning of April 2 1 day. The reasons for running away are the negligence of park management and running away during cleaning.
The leopard has escaped! How to blame for the "hide and seek" incident? civil liability
If the leopard escapes and hurts people, the zoo, as a keeper and manager, should bear the tort liability.
Article 1245 of the Civil Code: If the raised animals cause damage to others, the animal keeper or manager shall bear the tort liability. However, it can be proved that the damage was caused by the intentional or gross negligence of the infringer, and it cannot bear or mitigate the responsibility. Article 1246 If anyone violates the management regulations and fails to take safety measures for animals, causing damage to others, the animal keeper or manager shall bear the tort liability. However, if it can be proved that the damage was intentionally caused by the infringer, the liability can be reduced.
Administrative responsibilities Article 106 of the Law on Safety in Production: If the main person in charge of the production and business operation entity fails to organize rescue immediately or goes AWOL or escapes, he will be demoted and dismissed, and the safety production supervision and management department will impose a fine of 60% to 100% of the previous year's income; Those who escape shall be detained for less than fifteen days; If the case constitutes a crime, criminal responsibility shall be investigated in accordance with the relevant provisions of the Criminal Law.
The main person in charge of a production and business operation entity who conceals, falsely reports or delays reporting production safety accidents shall be punished in accordance with the provisions of the preceding paragraph.
The zoo where the leopard fled this time is Hangzhou Wildlife Park, and the main company behind it is Hangzhou Wildlife Park Co., Ltd. ... This zoo applied for the method of "scraping the rhinoceros horn device".
Who is in charge of the animals in the zoo? This must be the responsibility of the zoo, and whoever raises it is responsible. What if something happens, such as animals in the zoo hurting people? It depends on whether the zoo has fulfilled its duty of care. For example, the Tiger Garden is surrounded by a large iron net, and there are warnings such as no feeding, no touching and no entry. There is a breeder shouting, just looking, not touching.
But Zhang San didn't listen, so he had to learn from Song Wu and ride a tiger to take pictures. The tiger didn't cooperate, so he hammered it down and was killed by the tiger. In this case, the zoo has clearly stipulated that it is not allowed to approach, and the breeder does not encourage it to touch. Zhang San is indefensible, and the zoo can choose not to compensate or only to compensate the pension.
Because the zoo fulfilled its management responsibility, it was not the zoo's fault that Zhang San died, so nothing happened. However, if there is no warning in the zoo, the breeder rides a tiger and says to Zhang San, do you want to try? The tiger was obedient and funny, and then the tiger threw Zhang San down with a sliding shovel. The zoo must take full responsibility at this time.
Crime of endangering public security Three leopards flee, and this danger is the life safety of the masses. The leopard escaped from the zoo because of work, which brought public hazards to our society. So this kind of behavior may also be suspected of endangering public safety. Especially the crime of endangering public security, is also a crime of negligence. The leopard escaped because the keepers of Hangzhou Wildlife Park did not strictly follow the operating rules when changing shifts. Therefore, the zoo may be a negligent crime in this respect.