The Tort Liability and Contractual Liability of Long-Term Care Institutions
In accordance with the opinions of Taiwan courts, the tort liability is only applicable to natural persons under paragraph 184 Civil Code, while the juristic persons cannot hold liable for their own infringement under the same norm. When the residents of the long-term care organization (hereinafter referred to as the long-term care institution) are injured by the negligent behavior of nursing staffs in the institution, the residents can claim rights according to the tort liability, but they must be based on the negligence of the employee of the long-term care institution, then the institution will begin to bear joint and several liabilities for the damages. If the resident advocates the right according to the non-performance obligation in the legal relationship, the long-term care institution shall bear the same responsibility for the negligence of the staffs, and shall bear the liability for damage of the resident under nonperformance obligation. This article intends to introduce a judgment that the resident claim for compensation to the long-term care institution in accordance with paragraph 184 and paragraph 227 section 1 Civil Code.