Case of hotel safety accident

Accidents will happen. Living in this world, we never know which comes first, the accident or tomorrow. Therefore, it is most important to cherish this moment and try our best to pursue love and hope.

On August 5th, 20 15, Yang Chunmei and Yi Yonggang from Chengdu took Yi Yonggang's mother, daughter Xiaoshi (a pseudonym), nephews Sun Xiao, Xiao Ju and niece Xiao Li and a group of seven people to Sanya for a tour. After checking into the hotel and simply tidying up, seven people can't wait to go to the seaside to experience the customs of Sanya. At 5 o'clock in the afternoon, the family came.

Yi Yonggang's mother is too old to take her children swimming at the seaside, so she stays near the steps of Dadonghai Square to enjoy the cool. Yi Yonggang and Yang Chunmei took their daughter Xiaoshi and their nieces and nephews to the seaside.

After seeing the sea, several children who have lived in inland areas all the year round are excited and clamoring to go into the water to play. But this is the tourist season, and there are more people in the water on the shore than jiaozi in the pot. So the family decided to go ahead and find a place with few people to play in the water. It never occurred to them that the decision would lead to tragedy. Seven people came, and only four were left when they came back, and they had to go to court for this.

Not long after, Yang Chunmei and his wife left with their children, and they found a quiet sea. The children jumped into the sea one by one. Because the couple can't swim, they stay on the beach to play with their daughter, who has poems to take pictures. At first, there was nothing unusual. My nephews Sun Xiao, Xiao Ju and my niece Xiao Li had a good time in the shallow water, but after a while, Yang Chunmei looked into the sea and found that her niece was struggling to paddle with only one head exposed.

My nephews Sun Xiao and Xiao Ju are in trouble again. Yang Chunmei was in a hurry and immediately called her husband Yi Yonggang to have a look. Yi Yonggang thought that his niece was tired of playing, so he went into the water to pull her up. Who knows, as soon as he grabbed his niece, he felt that there was a force that dragged him into the sea. A big wave came and he was forced to part with his niece. Seeing her husband, nephews and nieces ups and downs in the sea, Yang Chunmei was so anxious that she cried.

At this time, the lifeguards of Dadonghai Company found four people drowning on the observation deck and rushed to the scene for rescue. However, it was too late to rescue Yi Yonggang and his niece Xiao Li ashore, and my nephews Sun Xiao and Xiao Ju also disappeared. It's lucky to see it.

In order to search and rescue the missing persons, Dadonghai Company and Sanya Maritime Search and Rescue Center immediately dispatched five motorboats, two transport boats and two search and rescue boats to continue the search and rescue in the incident waters.

Yi Yonggang and his niece Xiao Li were also rushed to the hospital. Yang Chunmei kept praying in her heart, hoping that her husband and children would be safe, but it backfired. After being sent to the hospital, although his niece Xiao Li was fine, Yi Yonggang died after being rescued. That night 10 and near the next morning 1 1, my nephews Xiao Ju and Sun Xiao were salvaged respectively. They have become cold bodies.

Yang Chunmei and her mother-in-law were heartbroken and were fine when they came. After a trip to the beach, how did they think such a big accident would happen? In any case, it is difficult for the family to accept this situation. Someone must be responsible for this incident. Dadonghai Scenic Area is an open scenic area, and the management right belongs to Dadonghai Company. You can enter and leave freely without admission, so the responsibility for maritime safety naturally belongs to them.

However, Dadonghai Company does not recognize this: "The place you want to go is not within our management scope."

At this time, Yang Chunmei and other experts knew that this stormy sea area with frequent accidents turned out to be a military restricted area. Although it is connected with the scenic spot, trespassing is not allowed. In order to distinguish the two sea areas, Dadonghai Company specially set up isolation nets and conspicuous warning signs. A warning sign "No swimming in the sea" is hung on the edge of the isolation net, and a banner "It is dangerous here, no swimming in the sea" is also pulled on the isolation net.

Yang Chunmei recalled that the family walked straight along Dadonghai Beach. When they arrived at the incident sea area, it was late and the sea was ebbing, so the isolation belt was 20 meters away from the sea surface, and they were completely free to pass;

So even if her eyes swept to the isolation net, she didn't know what this thing was for and didn't see the banner on it. This should be the problem that the early warning work of Dadonghai Company is not in place and the safety guarantee obligation has not been fulfilled.

There are obvious loopholes in their management, which often leads to tourists drowning in scenic spots. If we can take into account the possibility of low tide and dark tourists, we can arrange a special person to remind them in the isolation place as soon as possible, so that the family will not go to the military restricted area. Dadonghai Company failed to fulfill its warning obligation and made mistakes, thus causing damage, and it should compensate.

Yang Chunmei and other family members could not reach an agreement with Dadonghai Company because of compensation, so they took it to court. 1October 20 156438+0 1 day, Sanya Suburb Court rejected the appeal of Yang Chunmei and other family members, holding that tourists were fully responsible and Dadonghai Company was irresponsible, and the family members subsequently appealed. During the second trial of the Intermediate People's Court, Yang Chunmei and other family members proposed that,

The probability of tourists drowning in Dadonghai Beach is too high. In the past three years alone, 28 people have drowned. Although Dadonghai Company shirked its responsibility after the worst drowning incident, it also admitted that it was at fault, and deliberately extended the isolation fence to completely prevent tourists from passing, indicating that they also realized that there was a great risk between the isolation fence and seawater at low tide.

However, Dadonghai Company knows that the incident sea area is connected with the scenic spot, and the risk of drowning is extremely high. However, measures such as completely closing the isolation fence, sending special personnel to guard and reminding management were not taken. Instead, it is handled in a laissez-faire manner, just pulling banners and putting up warning signs. For a very dangerous accident-prone area, the reminding method is obviously too routine and does not match its danger. Therefore, Dadonghai Company has not fulfilled its security obligations.

The results of the first trial and the second trial are different. Although there is no objection to the facts, the court of first instance found that the case was a dispute over the right to life, health and body. But in fact, Yang Chunmei and other family members claimed that Dadonghai Company should be responsible for the drowning accident of Sun Xiao and others, so this case should be a liability dispute in violation of security obligations.

Yang Chunmei and his party entered the Dadonghai Scenic Beach from Dadonghai Square, and then walked eastward to the military scenic beach. During this distance, Dadonghai Company, as the manager, has set up many safety warning signs to warn the danger of going to sea, but it still disobeys the management of scenic spots and throws water in the sea under the condition of insufficient water, which eventually leads to three people drowning and bears 80% responsibility for the accident.

However, Dadonghai Company, as the manager of the scenic spot, should fulfill the obligation of operators to ensure the safety of tourists, knowing that there is a great danger of undercurrent in the military restricted area connected with the scenic spot, but it has not sent special personnel to the isolated area for persuasion, or set up safety isolation measures that are completely enough to prevent tourists from passing;

Its management has obvious defects, and it fails to fulfill its reasonable security obligations, and it also needs to bear 20% of the secondary responsibilities.

After trial by the court, Dadonghai Company compensated Yi Yonggang's family142,500 yuan and Sun Xiao and Xiao Ju's family11360,000 yuan.

This is a complete tragedy. Both scenic spots and tourists are responsible. Even if the responsibility can be clearly divided, the lost life cannot be recovered. Life is always full of accidents. What we can do is to cherish life, stay away from potential risks, protect ourselves and others as much as possible in our daily travel activities, and avoid this tragedy that should not have happened.