无偿搭车人身损害赔偿法律问题研究/臧恩富(9)
[7]: http://www.georgia-lawyer.net/attorney_practice_premise.html
Someone who is not an invitee is generally a licensee. An owner or occupier of property is liable to the licensee only for willful or wanton injury. The owner or occupier has a duty to warn the licensee of any known dangerous conditions on the premises that create an unreasonable risk of harm to the licensee, and where the owner or occupier knows the licensee is unaware of the condition and is unlikely to discover it. However, the owner or occupier has no duty to a licensee (unlike the invitee) to inspect for defects or to repair known defects. An owner or occupier simply has the obligation of not acting willfully or wantonly with regard to the licensee.
[8]:黄松有主编《最高人民法院人身损害赔偿司法解释的理解与适用》人民法院出版社2004年1月第1版P97
Legal issues related to non-paying passenger personal injury compensation
Abstract:
Whether the non-paying passenger has the right to sue the host owner or driver for his/her personal injury, on what legal basis to sue, whether the host driver or owner has some statue rights to exempt his/her compensation, all these legal issues have disputes in China. To study and clarify these focus legal issues related to non-paying passenger personal injury compensation is of both academic and practical meanings.
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