No deaths, dozens of people were injured. 6 p.m. on February 13, Shaoyang, Hunan, an amusement park ride malfunctioned, tourists riding the flying chair out of control on the ground, the seat of some of the tourists with the seat fell, and some of the tourists stood around the smashed. According to the Shaoyang County Commission Office, the accident caused sixteen people injured and sent to the hospital. At present, the cause of the accident is under further investigation.
Playground accident liability determinationFor playgrounds occurring in the security accident dispute, tort liability law clearly the civil liability of the relevant subjects. If the operator did not fulfill the security obligations resulting in casualties and losses caused by tourists, it should bear the direct tort liability; if caused by a third party casualties and losses, the tort liability borne by the third party, the operator did not fulfill the security obligations within the scope of the supplementary liability.
At the same time, the law also stipulates that the infringer is also at fault for the occurrence of the damage, can reduce the responsibility of the infringer; damage is caused by the victim intentionally, the perpetrator is not responsible. If a product is defective and causes damage to another person, the producer shall bear the responsibility for the infringement; the infringed person may request compensation from the producer of the product or from the seller of the product.
In the latest civil code of the tort liability, also made provisions for such cases, clear hotels, shopping malls, banks, stations, airports, stadiums, entertainment venues and other places of business, public **** place of business, managers or organizers of mass events, failed to do their duty of safety and security, resulting in other people's damage, shall bear the responsibility for the infringement of rights.
In addition, the civil code also stipulates that the perpetrator shall be liable for infringement of other people's rights and interests due to fault, and shall bear the responsibility for infringement; in accordance with the provisions of the law presumes that the perpetrator is at fault, and he can not prove that he is not at fault, he shall bear the responsibility for infringement. Where personal injury is caused by infringing on another person, compensation shall be paid for reasonable expenses for treatment and rehabilitation, such as medical expenses, nursing costs, transportation costs, nutritional costs, hospital meal allowances, etc., as well as for the reduction in income due to lost work. Cause disability, should also be compensated for the cost of auxiliary aids and disability compensation; cause death, should also be compensated for funeral expenses and death compensation.
Real life, in order to avoid the tragedy of the playground, not only need to operators to improve safety precautions, visitors to enhance safety awareness, but also need to strengthen the supervision of the regulatory authorities. In fact, due to some amusement facilities are not part of the production and operation process of safety supervision, but also does not belong to the scope of supervision of special equipment, there is a regulatory vacuum, which these facilities are often in the absence of specialized inspection, maintenance, maintenance of the state.