Original title: a man in Henan seven peaks mountain water bathing drowning, scenic: do not listen to discourage, have done their duty
Dahe newspaper Dahe client reported on June 13th that a drowning accident occurred in the seven peak mountain eco-tourism area of Fangcheng County, Henan Province recently. 4 days after the incident, the scenic spot claimed that the drowning man did not listen to the swimming in the lake, and the scenic spot fulfilled its obligations and responsibilities.
On June 7th, about 1:30 in the midday of June 7th, Cui, a maintenance worker in Nanyang, and the boss went to find a friend to find a friend in the scenic spot, Cui was bathed in the cool water of the turtle dove Lake in the seven mountain scenic area, and the security and rescue workers of the scenic area arrived at the bottom of the lake and drowned at the end of the lake.
Four days later, the seven peak mountain eco-tourism area was released. The turtle Lake started construction in July 2017 and is basically completed. The lake is mainly used for flood control and sightseeing.
Reporters to local tourism and propaganda department to verify, the staff indicated that the situation is the standard.
Seven Fengshan mountain eco-tourism area "situation notes" said that the drowning man Cui Mou, male, 22 years old, is a Nanyang hook machine maintenance worker. In the morning, Cui with his boss Wang A in the town of Fangcheng county to repair the hook. According to Wang A, after they finished the hook in the river, they wanted to go to the seven peak mountain scenic spot to find the hook machine owner Wang B. They met more than 12 o'clock at noon.
The above "situation description" introduced that when Cui and Wang, a A and Wang B in the lake, to take off their clothes and bathe in the lake, the two people and the scenic spot guard Guo and others stopped. Cui did not listen to dissuade, secretly changed the place water, was discovered by the security personnel in the scenic area and stopped loudly. Cui did not listen to dissuade to continue to swim in the middle of the lake. In view of this scene, the rescue team in the scenic spot launched the rescue speedboat and the wooden boat to rescue them in time. As soon as he approached Cui, he quickly sank into the bottom of the lake and eventually drowned.
After the incident, the scenic spot organized the rescue team in time to search and rescue it continuously, and alerting the rescue team to the blue sky rescue team. When it was 12, the body was salvaged on the shore.
Seven Fengshan scenic area "situation description" said that the scenic area around the lake has a "water depth danger, prohibition of water, no swimming" and other security warning signs; when Cui was launched, the guard on duty to prevent the dangerous behavior in time; after the danger, the scenic area is actively rescuing it. Seven peaks mountain scenic area has fulfilled its obligations and responsibilities.
However, some netizens questioned this conscientious and full description of the situation, full of apathy. The whole article emphasizes on how conscientious and conscientious the scenic area is, but there is no sympathy or comfort for the departed and their families.
The lawyer said:
The law firm of Henan thunderstorm lawyer Bifeng party said that such cases have many precedents. In the event of drowning in scenic spots, responsibility is shared according to the civil capacity of the object and the scenic spot management system.
In connection with the information disclosed in this case, although the scenic spot has made a favorable explanation for its own situation, it can not prove that the party is completely exempt from the responsibility. As for the size of responsibility and responsibility, if the two sides can not reach a consensual settlement, it can be determined by the court by the law and whether the compensation and compensation can be made by the court. The number of judicial decisions.
Guangzhou: the scenic area picked up bayberry to fall and died. The court sentenced the scenic spot to bear 5% of the responsibility.
In May 19, 2017, when Wu, 60 years old, plucked bayberry on a Myrica tree near the river of a mountain village in Huadu District of Huadu District, Guangzhou, the branches were broken and the tree fell from the tree. Wu's relatives believe that the mountain village scenic spot is a national 3A grade scenic spot. No less than 50 Myrica rubra trees are planted on both sides of the river embankment in the core area. Because of the low grafting place of the Myrica Myrica tree, it is very easy to climb. At the time of ripening of the Myrica, there are a large number of sightseeing people climbing the Myrica tree, picking the young plum on the tree, and even rob. And scenic spots never take safety precautions or management and other security risk prevention measures. So Wu's relatives brought the mountain village scenic spot to court, claiming more than 60.
It is reported that a mountain village committee is a member of the bayberry tree beside the riverside village of a mountain village, and it has not provided free activities for villagers or tourists to pick bayberry. Finally, the court sentenced the village committee of the village to 45096.17 yuan for relatives of Wu.
Yu Ying, a court judge of Huadu District, Guangzhou, detailed the case.
The focus of this case is whether tourists lose personal property in tourist attractions, and whether tourist attractions are responsible or responsible.
The security obligation of tourist attractions refers to the security obligation of the operators in the business place for the safety of the personal and property security of the consumers, potential consumers or other people who have entered the service place. The subject of an obligation is a citizen, a legal person or other social organization with a legal security obligation or a de facto control of the site, such as the owner, the manager, the contractor, and so on. The subject of the rights includes the consumer, the potential consumer, and the person who actually enters the service place. In the case, Wu belonged to the actual tourist attraction.
The security obligations of tourist attractions include the following:
1. Facilities and transportation. It is necessary to ensure the safety and reliability of the amusement facilities, protection bars, electric power facilities, fire protection facilities, cable cars, cableways, and transportation tools and so on, and regularly check and repair, so as to ensure that they do not exist the danger of endangering the safety of the person.
2. Safety precaution system. The scenic area must be equipped with the safety staff adapted to the size and grade of the scenic area, and configure the corresponding facilities and equipment, set up alarm and patrol points in the scenic area, set up patrol team, patrol on duty in scenic spots, discover potential danger and maintain good order in time.
3, setting up signs and warning signs. Scenic spots should be located in the appropriate location of the scenic area map, schematic maps, line maps, so that tourists know the terrain, landscape, landscape layout, distance distance and their location. Safety signs are set up in the obvious locations of tourist distribution centers, main passages, dangerous areas and prohibited areas.
4, the elimination of security risks. Tour routes, facilities and equipment of the scenic spot inspection, once found that safety risks should be eliminated in time, such as found that the scenic spots on the road should be promptly cleaned up, the tree trunk has the danger of falling in immediate shelter and notice. The scenic spots should be promptly advised and stopped for the unsafe behavior of the tourists, and the operators should carry out active assistance to avoid the expansion of the losses.
5, assistance measures. After the occurrence of the tourist accident, the emergency rescue system should be launched immediately, and medical treatment should be carried out to the injured tourists in time to avoid the expansion of the losses.
The principle of imputation of safety guarantee obligation
The sixth article of the Supreme People's Court on the application of the law on the case of compensation for personal injury compensation, the thirty-seventh of the People's Republic of China tort liability law, stipulates that the perpetrator of the security obligation is only responsible for the fault. The reason why the liability of fault is carried out is not to carry out the liability without fault, mainly in order to balance the social interests, the law set the security obligation, while providing the necessary protection to the victim, we can not ignore the negative effect caused by the excessive liability of no fault to the security obligor, if it is too strict. The battalion has to face a huge amount of liability for damages, which will greatly increase its cost and risk, and these costs and risks will eventually be spread to the consumers and the whole society, which is not in accordance with the law of tort.
The type of liability that the operator of a scenic spot should be responsible for causing injury to tourists is the following:
1. All liability for compensation.
If the operators of scenic spots fail to fulfill their obligations of security within reasonable limits, they will be liable for all damages.
2, to supplement the liability for compensation.
If the injury of the tourists is caused by the infringement of third people, the third party who has carried out the tort is responsible for the compensation. The scenic area has the fault in the course of providing the tourist service. It is responsible for the compensation according to its fault, and has the right to recover from the third party after the responsibility.
In this case, Wu, as an adult, did not agree to pick up Myrica rubra without the consent of the defendant. He should expect the danger of picking bayberry on the tree, but in the absence of safety protection measures, it was unauthorized to pick up the young plum in the tree without the old age. Fault should bear primary responsibility for its own damage. While a mountain village committee, as the manager of the scenic spot and all the people of the Yangmei tree, should realize that there are tourists or villagers in the scenic spots to pick up the bayberry, which may endanger the safety of the personal property, but it does not give a certain warning to the danger of picking up the Bayberry and climbing the Myrica tree. The fault. In the light of the specific circumstances of the case, the court held that a mountain village committee would be liable for 5% of the compensation.
Source: Dahe newspaper
Editor in responsibility: Zhang Yiling
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