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近年来,我国开始大力发展城市轨道交通,但与之相关的法律法规尚不完善,尤其是地铁运营致人损害责任方面,在理论与实务中均存在诸多问题。因此,由“北京地铁轧腿”案引发思考,对高度危险作业进行类型化分析,地铁运营作业属于高度危险作业;受害人故意为地铁运营致人损害唯一免责事由;地铁属于高速运输工具,地铁公司承担赔偿责任。
In recent years, our country started to develop urban rail transit vigorously, but the related laws and regulations are not yet perfect. Especially in the aspect of responsibility for damage caused by subway operation, there are many problems in theory and practice. Therefore, the case triggered by the “Beijing subway rolling leg ” case, the type of high-risk operations for type analysis, the operation of the subway operations are highly dangerous operations; the victim deliberately caused damage to the subway operation only exemption; the subway is a high-speed transport , The subway company to assume liability for compensation.