Journal of East China Normal University (Philosoph ›› 2017, Vol. 49 ›› Issue (4): 85-92.doi: 10.16382/j.cnki.1000-5579.2017.04.012

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On Liability for Tort of Nursing Homes

SUN Wen-can   

  • Online:2017-07-15 Published:2017-07-14

Abstract: If nursing homes cause damages to personals or properties of elders who dwell in the homes, they shall be liable for compensations. To research for typological liability for tort of the nursing homes, and to ensure the details and form of the security obligation and the safety duty of care of the nursing homes, we should take fault liability as a dominant liability principle and take doctrine of presumption principle as a supplement. We should also clarify the liability relationship on nursing homes between guardians' responsibility, job responsibility and the third party's liability for causing the injury. We should also explicate exemption for the nursing homes and complete the system for the general liability insurance to better safeguard the elders' legal interest and build a safe environment for the nursing homes.

Key words: nursing homes, tort, liability principle, liability insurance