chapter
Quasi Tort: Liability without Fault
Section . Damages Caused by Things
Article . General provisions . The keeper of things shall be responsible for the damages caused by things. . The keeper of things refers to the owner, possessor, manager or other persons who have the capacity for controlling the danger of the things.
Article . Damage to others by the domesticated animals . If a domesticated animal injures another person, the person who keeps the animals shall be liable for compensating for the damages arising from this. The animal keeper shall not be responsible for the liability if the damage is caused by the injured person who provokes, beats, or feeds the animal. If the animal injures another person due to the fault of a third party, the third party shall be liable for the damages. . If free-roaming animals are injured or killed when fighting, and both animal keepers do not have any fault, they shall share the damages. But if there is a local custom, the custom should be applied.
Article . Damage caused by buildings, etc. . If buildings or any other structures and the things placed or hung on them collapse, detach or break off and cause damages to another person, the possessor shall be responsible for the civil liability. . If a building is defective because of its design and construction, and the defective building causes damages to another person or prop- erty within a reasonable service life of the building, the designer, construction manager and supervisor shall be responsible for the chapter
joint and several liability. But if the designer can prove the design meets the safety standard of the national regulations, he shall not be responsible for the liability of compensation.
Article . Damage caused by the road, bridge, dam and tunnel, etc. . If the road, bridge, dam, tunnel or other construction is defective due to maintenance and management, causing damages to other persons or other property, the persons who have the duty to main- tain and manage shall be responsible for the joint and several liabil- ity. . If the road, bridge, dam and tunnel or other construction is defec- tive because of the design and construction, causing damages to other persons or other property within a reasonable service life of the construction, the designer, construction manager and super- visor shall be responsible for the joint and several liability. But if the designer can prove the design meets the safety standards of the national regulations, he shall not be responsible for the liability of compensation.
Article . Damage caused by trees If trees in parks, on the roadside or in some other public place cause others to be injured due to the tree falling down or losing a branch, the keeper, the maintainer or the manager of the trees shall be responsible for the civil liability. If the damage is caused by the fault of the injured person or force majeure, this provision shall not apply.
Article . Damage caused by the inflammable, explosive, poisonous, radioactive things, etc. . If a person is injured by a dangerous thing, such as the inflammable, explosive, poisonous or radioactive things, the keeper shall be re- sponsibleforthecivilliabilityunlesshecanprovetheinjuredperson intentionally causes the damage. . The preceding paragraph shall apply mutatis mutandis if the ille- gal possession of the dangerous things causes damages to another person. If the keeper is at fault for the illegal possession of the dan- gerous things, he and the illegal possessor shall be responsible for joint and several liability.