The girl accidentally fell off the rocking bridge, and a scenic spot in Loudi became a defendant

Sanxiang Metropolis Daily, New Hunan Client, October 10 (Reporter Yang Yu) Last year's National Day holiday, Mr. Zhu of Loudi Twin Peaks took his daughter to a local scenic spot to play the Internet red rocking bridge. To his surprise, his daughter accidentally fell off the bridge, causing a surgical neck fracture of the right humerus. To this end, he sued the scenic spot management company and the insurance company to the court, claiming more than 70,000 yuan in loss costs. After a year, the case finally came to fruition. On October 10, the reporter learned from the China Judgment Document Network that after the trial of the Shuangfeng County People's Court, a first-instance judgment was made on the infringement dispute, and the two defendants needed to compensate a total of more than 40,000 yuan.

accidentally

The little girl fell from a rocking bridge and fractured her bones

On October 3, 2020, Mr. Zhu's family of three came to The Guigu Scenic Spot of Qingshuping in Shuangfeng County to play. At about 18:00 on the same day, Mr. Zhu took his daughter Xiao Zhu, who was under 10 years old, to the Internet celebrity rocking bridge opened by the scenic spot. After purchasing the ticket, Xiao Zhu went to the bridge alone to play. To Mr. Zhu's surprise, his daughter did not stand still on the bridge and fell down and was injured. Immediately, Mr. Zhu and his wife sent their daughter to Loudi Orthopaedic Hospital for treatment. After 4 days of treatment, Xiao Zhu was diagnosed with a surgical neck fracture of the right humerus and a contusion of the soft tissue of the right shoulder.

After the accident, Mr. Zhu consulted with the scenic spot management to negotiate compensation, but there was no result. In April 2021, Mr. Zhu sued the scenic spot management company and the insurance company to the Shuangfeng County People's Court, claiming economic losses totaling RMB73,887.74 from the two defendants. On July 19, 2021, Xiao Zhu's injuries were appraised by the Judicial Appraisal Center of Hunan Provincial People's Hospital, and it was believed that the injured person Xiao Zhu had suffered a right humeral surgical neck fracture that did not reach the level of disability, and the follow-up diagnosis and treatment costs were expected to require 5,000 yuan, or based on the actual medical expenses incurred, the missed work period was 180 days, the nursing period was 180 days, and the nutrition period was 120 days.

In this regard, the scenic spot management company believes that Xiao Zhu's injury is not in place safety facilities, but an accident, the scenic spot has fulfilled the obligation of safety responsibility, Xiao Zhu's loss should be borne by himself and his guardian, and the scenic spot has purchased insurance, and Xiao Zhu's loss should be borne by the insurance company. The insurance company said that the scenic spot management company did purchase group medical insurance for accident cost compensation, with a sum insured of 10,000 yuan per person, and the accident occurred during the insurance period. During the insurance period, if the insured suffers accidental injury and the cause of the injury is diagnosed and treated in a hospital of level two or above (including level two) or other medical institutions recognized by the company, the actual expenditure of the insured is in line with the medical expenses of the local basic medical insurance, if the insured does not receive compensation from the local social basic medical insurance, or other means, the company deducts the deductible of 500 yuan each time, and pays the insurance premium in the proportion of 90% of the balance.

verdict

The scenic spot bears the main responsibility and compensates more than 40,000 yuan

The defendant's evidence in this case, the court found that Xiao Zhu's losses totaled 54327.73 yuan. The court held that the scenic spot management company's operation of the Rocking Bridge tourism product project has the obligation to ensure the personal safety of tourists and prevent accidents, and at the same time, the unsuitable groups participating in the project should be restricted or prohibited. Since Xiao Zhu was not yet at least 10 years old when he went to play on the rocking bridge, the management did not stop and remind him, nor did he ask Xiao Zhu's guardian to accompany him, so it was appropriate to bear the main responsibility for Xiao Zhu's injury and bear 80% of his losses. Xiao Zhu's guardian knows that he is young and unfit to participate in the project, and Xiao Zhu's guardian has not fulfilled the responsibility of guardianship, so Xiao Zhu's loss, his guardian should also bear certain responsibilities, and the proportion of responsibility is 20%.

Considering that the scenic spot management company purchased the accident expense compensation group medical insurance, the insured amount per person is 10,000 yuan, the accident occurred during the insurance period, the plaintiff actually paid the medical expense loss, a total of 2580.93 yuan, according to the insurance contract, the insurance company should bear Xiao Zhu's insurance loss of (2580.93-500) ×90% = 1872 yuan, Xiao Zhu's loss deducted the part borne by the insurance company, The remaining 52455.73 yuan shall be compensated by the scenic spot management company for 41964.58 yuan, and the remaining amount shall be borne by the plaintiff.

In summary, the Shuangfeng County People's Court made a first-instance judgment, determining that Xiao Zhu's economic losses were 54327.73 yuan, and the insurance company compensated 1872 yuan, the scenic spot management company compensated 41964.58 yuan, and the balance was borne by Xiao Zhu and his guardian.

[Editor-in-charge: Hu Yuanyuan]

[Source: Sanxiang Metropolis Daily]