The Boundary and Application of the Duty of Safety in Platform Tort Liability------Based on the Construction of a Dynamic Scenario-Based Assessment System

Abstract

Article 1198 of the Civil Code stipulates that online platforms must fulfill the duty of safety within "reasonable limits." However, the vague boundary of "reasonable limits" has led to significant divergence in judicial rulings. There is an urgent need to reconstruct the method for determining the platform's duty of safety, comprehensively considering its scope and depth. This paper argues for abandoning a static, unified standard and instead constructing a dynamic scenario-based assessment system centered on service type, risk level, and platform control capability. Addressing the dilemmas in judicial practice, the following suggestions are proposed: refining a graded and categorized list of platform obligations, clarifying core duties for different types and scenarios; introducing a "Risk Probability Model" (Probability × Severity / Cost) to quantify the reasonableness of safety measures; applying presumption of fault liability to balance the burden of proof; and determining liability hierarchically based on the platform's degree of involvement (joint and several liability for direct infringement, proportional liability for indirect infringement). Through the synergistic effect of a three-dimensional dynamic framework (service type, risk level, control capability), quantitative models, and a hierarchical mechanism, it is hoped to achieve a multi-faceted balance between user rights protection, platform innovation and development, and judicial efficiency.