经营者对服务场所的安全保障义务

Operator's Duty to Safeguard the Security of Its Place of Business

经营者在其服务场所对消费者等的人身和财产安全负有保障义务。这是一种法定义务 ,包括硬件和软件两个方面的内容。经营者违反该义务发生消费者人身、财产损害的 ,一般应当承担侵权责任。违反安全保障义务通常表现为消极不作为 ,判断不作为行为与损害之间的因果关系应当采用特别规则。在第三人直接加害行为造成受害人损害而且经营者有过错的情况下 。

The operator of a service business has the duty to safeguard the personal and property security of consumers and other persons in its place of business operation. This is a legal duty with two aspects: hardware and software. An operator who violates such duty and results in damage to person or property of a consumer should take liability for tort. Violation of the duty to safeguard security usually takes the form of omission. Special rules should be used to determine the causal relationship between the omission and the damage. In cases where the damage is directly caused by a third party and the operator is also in the fault, the operator should take supplemental liability for compensation.