[Direct answer]In the Beijing area, if a person is scratched or bitten by an animal in a zoo, the zoo is generally held liable. However, if the zoo can prove that it fulfilled its management duties, it will not bear liability. According to Article 1248 of the Civil Code of the People's Republic of China (effective January 1, 2021), if an animal in a zoo causes damage to others, the zoo shall bear tort liability; but if it can prove that it fulfilled its management duties, it shall not bear tort liability. In other words, the zoo bears a presumption of fault liability, and the burden of proof lies with the zoo, which must demonstrate that it has set up warning and protective facilities and fulfilled its duties of management and persuasion. If the infringed party violates regulations, feeds the animals without authorization, or climbs over fences, this may affect the allocation of liability. If the zoo has fulfilled its management duties, but the victim has committed faults, the liability may be reduced or the victim may bear corresponding responsibilities on his own. Therefore, after an injury occurs, it is necessary to seek medical treatment promptly, fix evidence at the scene, and verify whether the zoo's protective and warning measures are in place, so as to determine liability and compensation.

I. Problem background and typical scenarios

When tourists are scratched or bitten by animals in zoos, how the responsibility is allocated is a practical issue of concern to tourists. There are three typical scenarios: first, tourists are scratched by animals in the viewing area; second, they are bitten while feeding in areas where interaction is allowed; third, tourists are injured by crossing the fence or teasing animals in violation of regulations. According to the law, zoos bear the presumption of liability for harm caused by animals within their management responsibilities. Whether they set up warnings, protective measures, and patrol and persuasion measures often becomes the key to determining responsibility. There are many zoos in the Beijing area, and tourists understanding the relevant rules can help them correctly judge responsibility and claim compensation after being injured.

II. Key points of contention

First, the nature of the zoo's liability for causing harm. Second, how to determine whether the zoo has fulfilled its management responsibilities. Third, how to allocate responsibility when tourists violate regulations. Fourth, who should bear the burden of proof. Fifth, the scope of compensation and the preservation of evidence. The core is to review the zoo's liability for causing harm under the framework of fault presumption liability, where the zoo bears the burden of proof to demonstrate that it has fulfilled its management responsibilities, and the allocation of responsibility is determined based on the tourists' fault.

III. Professional analysis by Henglue Lawyers

From a practical perspective, the determination of liability for harm caused by zoo animals focuses on whether the zoo has fulfilled its management duties. The Civil Code adopts a presumption of fault liability for harm caused by zoo animals, which means that the zoo is presumed to be liable and can only exempt itself from liability if it can prove that it has fulfilled its management duties. To determine whether the zoo has fulfilled its management duties, it is usually necessary to examine whether the zoo has set up isolation and protection facilities and warning signs, arranged personnel to patrol and dissuade visitors, implemented effective control over dangerous areas, and promptly stopped illegal behaviors. If visitors violate park regulations, feed animals without authorization, climb over fences, or provoke animals, they may be deemed negligent in their own safety, which may correspondingly reduce the zoo's liability. However, if the zoo itself fails to provide adequate protection or warnings, it should still bear corresponding liability. For the injured party, after the incident, it is necessary to seek medical treatment promptly and keep medical records and receipts, take photos of the scene, warning signs, and protective facilities, collect witness statements, and retain tickets, surveillance clues, and other materials to claim damages such as medical expenses, loss of income, and nursing care costs. If no agreement can be reached through negotiation, the injured party can file a lawsuit to require the zoo to bear corresponding compensation liability, and the court will determine the liability ratio based on the fault and evidence of both parties.

IV. Practical suggestions and legal basis

Action suggestions: Firstly, seek medical treatment promptly after the injury and keep the medical records and receipts; Secondly, take photos of the on-site protective facilities and warning signs to fix the evidence; Thirdly, file a complaint and request the park's handling records, and keep tickets and other proofs; Fourthly, verify whether the zoo has set up necessary protective measures and patrols, and determine whether it has fulfilled its management responsibilities; Fifthly, if no agreement can be reached, you can claim compensation through litigation. For personal injury and medical disputes, you can refer to the relevant provisions of the Civil Code of the People's Republic of China.Personal injury and medical disputes; For matters concerning the safety and security of public places, you may refer to the following documents for reference:Property sales and construction projectsLegal basis: Article 1248 of the Civil Code of the People's Republic of China (effective from January 1, 2021). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Advice

Firstly, the zoo animals' harmfulness applies to the presumption of liability for fault. Secondly, the zoo can be exempted from liability only if it can prove that it has fulfilled its management duties. Thirdly, tourists' violation of regulations will affect the sharing of liability. Fourthly, it is crucial to fix the evidence of protection and warning in a timely manner. For claims involving personal injury, you can proceed through legal channels.Personal injury and medical disputesFor service acquisition, those involving security responsibilities can be combined togetherProperty sales and construction projectsFor those involved in the execution, you can refer to the following for reference.Creditor's rights and debts, and enforcement casesColumn.

VI. Frequently Asked Questions

Q1: Who should compensate if you are scratched by an animal in the zoo?

Generally, zoos bear the liability for infringement. If the zoo can prove that it has fulfilled its management duties, it will not bear the liability; the burden of proof lies with the zoo.

Q2: If a tourist gets injured while climbing over the fence, will the zoo compensate them?

They may still bear corresponding responsibilities, but if the tourists violate the rules and are at fault, the zoo's compensation ratio may be reduced. The specific amount will be determined by the court based on the fault of both parties.

Q3: How can we determine whether a zoo is fulfilling its responsibilities?

It should be checked whether isolation protection and warning signs have been set up, whether inspections and persuasions have been arranged, whether effective control has been implemented in dangerous areas, and whether tourists' illegal behaviors have been stopped in time, etc.

Q4: What types of compensation can be claimed?

Generally, you can claim medical expenses, loss of income, nursing care expenses, transportation costs, and nutritional expenses. If the injury results in a disability, you can also claim disability compensation and compensation for mental distress.

Q5: What evidence needs to be preserved?

Tickets, medical records and invoices, on-site images, photos of warning and protective facilities, park management records, and witness statements should be preserved, forming a chain of evidence that corroborates each other.

The above answer is based on the judicial practice in the Beijing area. The judicial interpretations in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit.Personal injury legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.