What are the tort liabilities in business activities or other social activities

1、 According to the Personal Damages According to Article 6 of the Judicial Interpretation, operators engaged in accommodation, catering, entertainment and other business activities or other social activities are required by law to perform their security obligations to others, which specifically includes two aspects:

（1） The operator fails to fulfill the safety guarantee obligation within a reasonable range, causing others to suffer Personal injury ， compensate for The obligee has the right to request the operator to undertake corresponding Liability This situation emphasizes that the operator's behavior causes personal injury to others.

（2） If at the place where the operator is engaged in business activities, party because Third party infringement If the damage results, it shall be implemented by Tortious conduct The third party shall be liable for compensation. If the safety guarantee obligor is at fault, it shall bear the corresponding Supplementary liability After assuming the responsibility, the security obligor may claim compensation from a third person. Compensation obligee prosecution If the security obligor is involved, the third person shall be regarded as the co defendant, unless the third person cannot be determined.

2、 According to Article 7 of the Judicial Interpretation on Compensation for Personal Injury, schools, kindergartens and other educational institutions have the right to juveniles Have the obligation of guarantee. It includes two aspects:

（1） If a school, kindergarten or other educational institution that has the obligation to educate, manage or protect minors according to law fails to fulfill the relevant obligations within the scope of its duties and causes personal damage to minors, or minors cause personal damage to others, it shall bear the liability for compensation corresponding to its fault.

（2） If a minor suffers personal damage as a result of a third party's infringement, the third party shall be liable for compensation. If schools, kindergartens and other educational institutions are at fault, they shall bear corresponding supplementary liability for compensation.

3、 After mastering this type of Special infringement When acting, we should grasp the following points:

（1） Clarify whether the cause of personal injury is the responsibility of the operator or the responsibility of a third party. If it is the responsibility of the operator (including educational institutions), of course, it should bear the corresponding civil liability 。

（2） If it is the responsibility of a third person, it should be noted that the operator should bear the supplementary liability corresponding to its fault, that is, in principle, the third person should bear the liability first, and the liability corresponding to the operator's fault will be considered for the insufficient part. And the operator can claim compensation from a third person after assuming the responsibility.