Who is responsible for the accidental death of a non-profit square dance

On the evening of October 16, 2014, Auntie Wang and other elderly people were square dancing on the open-air dance floor of the nursing home after dinner. At about 8:00 p.m., Auntie Wang fell into a ditch near the dance floor and was injured. The elderly people accompanying Auntie Wang discovered the injury and notified the staff of a nursing home, and the director of the nursing home, Chen, the staff and the elderly people accompanying Auntie Wang rescued Auntie Wang from the ditch and carried her to the office. The staff of the nursing home called 120, and because the ambulance from the local health center was not in the hospital, the director found a driver and vehicle to take Wang Dama to the local health center, accompanied by the elderly people who traveled with Wang Dama, and the medical expenses at the health center were also paid for by these elderly people. At 22:55 that night, Wang was sent to the hospital for treatment, after the rescue died.

Court:

The sanatorium did not do

Safety measures

From the court hearing identified: the incident occurred in the ditch near the dance floor side and the ditch to the opposite bank of the bridge without guardrails and other safety measures, no safety warning signs, night time there is no street lamps, there is a certain security risks.

The court held that the place of the incident was the ditch near the dance floor, whether the ditch is within the scope of a nursing home business premises, or as a boundary between its business premises and the outside world, a nursing home as a business organization open to the public, have the obligation to set up appropriate safety measures and set up a warning sign on the ditch. Now Wang Da-ma fell into the ditch injury and death, a nursing home on the occurrence of the results of the damage is at fault.

But as a person with full capacity for civil behavior, Ms. Wang should have made her own judgment on the consequences of her own actions and had the necessary duty of care. Although there is no corresponding safety measures in the place where the accident occurred, but the dance floor where Wang Da-ma danced has a distance from the ditch she fell into, Wang Da-ma walked to the ditch without corresponding safety measures to cause the accident, and she should be held responsible for the occurrence of the accident, and her behavior is the main cause of the accident. Auntie Wang should bear the main responsibility for the accident, a nursing home to bear secondary responsibility.

Taking into account the degree of fault of both parties, the court ruled that the nursing home should compensate Wang's family for 20% of their losses (totaling more than 290,000 yuan), which amounted to more than 58,000 yuan.

It is recommended that square dancers join an insurance policy that will protect them against accidents