Liability for Tort Arising from the Actions of an Incapacitated Person with the Status of a Defenseless Person (Homeless Person)

Abstract

This research studying the liability for torts arising from the actions of an incapacitated person with the status of a defenseless person (homeless person) found that being defenseless is caused by individual factors and social system factors which are caused by poverty, illness, especially mental illness, family problems, alcoholism, drug addiction, fragile society, economic downturn and exploitation. These causes and factors are also a major cause of the violation according to the Civil and Commercial Code, Section 420. In criminology, the causes of crimes are divided into three perspectives: biology, psychology, and sociology; they are all related to each other. In terms of tort liability, if the tortfeasor (wrongdoer) is an incapacitated person, parents, teachers, employers, or caretakers will be jointly liable according to the Civil and Commercial Code Section 429, Section 430. In cases where the wrongdoer is an incapacitated person with the status of homelessness, there is no individual jointly liable because the homeless person is not under parental authority. The injured party must, therefore, bear the damage alone. Consequently, the government should implement measures to assist, protect, and prevent people from becoming homeless in order to protect and provide compensation for damages to injured parties and also reduce social inequality.