Net celebrity project thrilling stimulus safety cannot be shocked step by step

Case

Tourist Ding Mou went to a certain scenic spot to participate in the glass slide -to -walking project. The ticket office of the scenic area is posted with a notice of the glass slide lane, and a graphic reminder of the correct sitting position and two wrong sitting positions. During the process of sliding down from the glass slide from top to bottom, his body rolled down and caused his right foot injury at the corner of the slide. Later, Ding was sent to the hospital for treatment, diagnosing inner ankle fractures and fibula fractures.

Ding believes that the operator did not tell him the precautions, risks and operation specifications of the project during the play. The schematic sign of the ticket office is too small and there are many signs, and tourists cannot notice the specific content of each sign of the sign. The staff sprinkled water on the glass slider before, resulting in too slippery slider, too fast, and the operator of the scenic spot did not fulfill the obligation of security and fault. Therefore, the lawsuit is required to be required to bear the liability for compensation.

Article 1,198 of the Civil Code stipulates that hotels, shopping malls, banks, stations, airports, stadiums, entertainment venues and other operating places, operators, managers, or organizers of public places, organizers, or mass activities, If the obligation of security and guarantee is not fulfilled and the damage to others shall bear the liability of infringement. At the same time, Article 8 of the "Supreme People's Court on Several Issues of the Application of Laws on Touring Tourism Disputes" stipulates: "Tourism operators and tourist assistants of tourism have not fulfilled the notification and warning obligations of tourism projects that may endanger the personal and property of tourists and property. If the personal damage of tourists and property losses, if tourists ask tourist operators and tourist assistants to bear the responsibility, the people's court shall support it. "

The operator of the scenic area believes that: 1. It has fulfilled the obligations of security and no fault; 2. If the engineering quality and operational safety of the glass slide project meet the standards of the national regulations, and formulate a complete management system; The precautions, correct sitting positions and wrong sitting posture also made a prompt and explanation, and fulfilled their due reasonable safety guarantee obligations; 3. There is no situation of water sprinkler on the day; responsibility.

The insurance company believes that in this case, the scenic area operator's own submission of the engineering quality inspection report confirms that the project's engineering quality and operational safety of the project complies with national standards, and the on -site inspection office has passed the notice of notice of play. Missing faults should not be liable for claims.

After the first trial and second trial, the court determined:

I. Scenic areas and tourists are faulty, and they bear 50%of their responsibilities for accident damage:

After investigation, the glass slider operated by the scenic area was opened to the outside world after passing the inspection, and a relatively complete management system was formulated. The "Glass Slider Play Notice" was hung at the entrance of the glass slider. He is responsible for managing at the entrance of the slide and fulfilled a certain security obligation. However, the scenic area operators have not provided sufficient evidence to confirm the responsibility for daily inspection in the operation, and now there is no direct evidence to prove whether Ding was caused by the cause of the accident. After the incident, the scenic area operator did not follow Ding's injuries and did not follow the operating procedures of the emergency plan to treat Dingmou, and there were improper treatment measures. Therefore, there is a certain error in Ding's damage caused by the accident, and it should bear the corresponding compensation liability.

As a person who has a fully civilian behavior, Ding Mou should have a necessary understanding of his participation in the glass slide project. It should have a reasonable foreseeable foreseeing the existing risks. Ding also has a certain fault in the accident. In the process of comprehensive fault in the process of accidents, the court believed that Ding and the operators of the scenic spot should bear 50%of their responsibilities.

2. Insurance companies shall bear claim responsibility within the scope of underwriting:

The operator of the scenic area insured the public liability insurance. The scenic area operator's liability for compensation caused by Ding Mou's loss of accidents shall be liable for compensation by insurance companies within the scope of its insurance insured.

hint

In recent years, in order to attract tourists, the scenic area has launched many new play projects. In addition to glass sliders, various stimulating projects such as high -altitude glass trestle, high -altitude suspension bridge, sea bungee jumping, suspension bridge, and swing bridge are promoted. The red project attracted a large number of tourists to check in. At the same time that the operator uses the "net red effect" to bring traffic and income, due to the lack of construction standards, irregular management of operators, and some tourists who do not comply with operating specifications, causing casualties will occur from time to time.

On July 22, the "Hanging Bridge Falling accident" and "Step in the Red Bridge accident" occurred in Tianjin and Hubei, which brought endless pain to tourists. How to avoid accidents in the online red play project, reduce the loss of tourists and reduce the responsibility of the operator, make the following suggestions:

1. After obtaining the business license

Internet celebrity projects such as glass slide and high -altitude glass trestle belong to high -risk play projects. They should be permitted by relevant competent authorities to operate, and high -risk liability insurance is purchased in accordance with laws.

2. Strengthen daily maintenance management, ensure the safe operation of equipment and facilities

The equipment and facilities of daily operations must be put into use after multiple testing, strengthen daily maintenance and management responsibilities, and conduct a comprehensive inspection and hidden dangers of the equipment and facilities every day. The equipment must meet the requirements of safe operation. Work.

Third, do your best to use the correct method of use, risk warning and prevention obligations

When designing and playing projects in the operator, you should clearly inform the method of using related facilities and equipment correctly during the play process, the risks, and precautions. Tourists are currently informing the "Safety Notes" through tickets, notice boards, etc., and use the scenic spot speakers to prompts. For played projects that need skills, the scenic area must be equipped with safety prompts, informs, and training on tourists. At the same time, it is necessary to be equipped with protective equipment and facilities such as security anti -pendant nets, protective ropes. Fourth, strictly restrict the flow of people, prevent collision and emergencies

While the Internet celebrity project brings a lot of passenger flow to the scenic area, it also brings greater risks to operators. The passenger flow is large, which is easy to cause collision, stamping and other incidents, leading to project safety accidents. Therefore, the scenic area operator must adopt ticket appointments and intelligent guidance to scientifically divert and guide tourists, do a good job of pre -control of tourist traffic, and do a good job of accident prevention in advance.

V. Scenic Area must formulate the "Emergency Plan", actively perform the obligations of rescue, investigate the cause of the accident, and prevent the accident from happening again.

The scenic area operators should have a sense of risk, establish a complete emergency emergency plan, equip rescuers and medical staff, and conduct relevant rescue drills. If an accident occurs, take the necessary rescue measures in a timely manner to reduce risks, reduce damage, and timely keep in accordance with the preservation of evidence.

After properly handling the wounded, the scenic area also responded to the project for reflection and rectification, and conducted a comprehensive safety hazard investigation to prevent similar situations.

6. Strengthen insurance awareness

The scenic area operators in this case purchased public liability insurance. After the accident, the rights and interests of the scenic area and tourists were corresponding. Therefore, when operating high -risk projects, operators should insure corresponding liability insurance and prompt tourists to buy or give away high -risk accident insurance to protect the legitimate rights and interests of tourists.

However, the operator should not hold the idea of ​​"buying insurance and everything". Insurance is not a panacea, insurance is just a way of passing part of the risk, but it cannot avoid accidents. Safety accidents will have a certain degree of impact on the passenger flow and wind reviews of the scenic area, and severe criminal responsibility will be seriously investigated. Safety protection is in place, so as to prevent hidden safety hazards before and afterwards, so that the scenic area can make a long -term profitability.

Case preparation unit: Tourism Quality Supervision and Management Office of the Ministry of Culture and Tourism (Editor: Cao Xuewen)

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