I would like to ask if I organize a class reunion, go on a trip, and an accident occurs, do I have any corresponding legal liability? For example, bear compensation or something.

If safety obligations are not fulfilled and an accident occurs, you need to bear legal responsibility and compensation liability. If you have fulfilled your safety obligations, you do not need to bear legal liability.

According to the Tort Liability Law of the People's Republic of China, the provisions are as follows:

1. Article 16 Whoever infringes upon others and causes personal damage shall be compensated for medical expenses and nursing care. Reasonable expenses for treatment and rehabilitation such as fees and transportation expenses, as well as reduced income due to missed work. If disability is caused, compensation for disability living aids and disability compensation shall also be provided. If death is caused, funeral expenses and death compensation should also be compensated.

2. Article 24: If neither the victim nor the perpetrator is at fault for the damage, the losses may be shared by both parties based on the actual situation.

3. Article 37: Managers of hotels, shopping malls, banks, stations, entertainment venues and other public places or organizers of mass activities fail to fulfill their safety protection obligations, causing others to If there is any damage, you shall bear tort liability.

If the third party causes damage to others due to the behavior of a third party, the third party shall bear the tort liability; if the manager or organizer fails to fulfill the safety guarantee obligations, the third party shall bear the corresponding supplementary liability.

Extended information

In April 2013, Mr. Jiang and his wife participated in a tour group organized by a travel agency in Chongqing and went to Phuket, Thailand. On the third day of the trip, the tour guide arranged for Mr. Jiang and other members of the tour group to take a small speedboat from the offshore islands back to Phuket. Since the boat was crowded, the tour guide arranged for Mr. Jiang and several other young and strong tourists to sit in the bow seats outside the cabin.

After setting sail, the wind and waves increased, and the speedboat began to bump violently, especially the bow where Mr. Jiang was sitting. Mr. Jiang asked the tour guide to ask the driver to slow down, but the tour guide did not agree. At this time, a big wave hit, and Mr. Jiang fell down along with many tourists.

At the strong request of other tourists, the tour guide notified the driver to slow down. After landing, Mr. Jiang and two other injured tourists were sent to a local hospital. Mr. Jiang was diagnosed with spinal fracture and underwent surgery at a local hospital. He was later identified as having an eighth-level disability.

After returning to China, Mr. Jiang filed a lawsuit with the Jiangbei District People’s Court of Chongqing City, demanding that the travel agency compensate for more than 280,000 yuan in medical expenses, disability compensation and other losses.

In the first instance, the travel agency argued that before the speedboat set sail, Mr. Jiang and the entire group of tourists signed a "Safety Tips", which stated: "When taking a speedboat, due to the high speed of the speedboat, "The turbulence is severe, and our agency strongly requires guests to sit at the back of the speedboat." Therefore, the travel agency has fulfilled its safety warning obligations, and Mr. Jiang's injury is his own responsibility.

In this regard, tourists on the same boat confirmed that the tourists signed a safety notice when they boarded the boat, but they were not allowed to read it carefully. They listened more to the tour guide explaining the boat ride; the tour guide arranged for many tourists to sit on the bow of the boat. , no safety warning was issued, and there was no text prompt on the ship.

The court of first instance held that the travel agency, as a professional travel service provider, should provide speedboat services that meet safety conditions. When it was clear that the danger of Mr. Jiang sitting on the bow of the ship was greater than the danger of sitting in the cabin, it did not Give Mr. Jiang a clear warning and take reasonable and necessary measures to prevent harm from occurring. Therefore, the court of first instance determined that the travel agency failed to fulfill its safety guarantee obligations and its behavior constituted a breach of contract and should bear corresponding civil liability. Mr. Jiang had the right to demand compensation for losses from the travel agency. Accordingly, the Jiangbei District Court ordered the travel agency to compensate the travel agency more than 220,000 yuan in first instance.

The travel agency was dissatisfied with the first-instance judgment and appealed to the Chongqing No. 1 Intermediate People’s Court. The Chongqing No. 1 Intermediate People's Court held that the "Safety Tips" alone could not fully prove that the travel agency had provided necessary safety tips. Even if Mr. Jiang himself requests to sit on the bow of the boat, the travel agency should dissuade him or take effective measures to prevent him from accidental injury. In this case, the travel agency did not provide relevant evidence to prove that it had dissuaded or taken necessary preventive measures. In the judgment, the court of first instance conducted a detailed argument on the travel agency's breach of contract and liability for breach of contract, and applied the law correctly.

According to this, the Chongqing No. 1 Intermediate Court recently made a second-instance judgment: rejecting the appeal and upholding the original judgment.

China National People's Congress - "Tort Liability Law of the People's Republic of China"

People's Daily - Travel agency was ordered to compensate for a fall while traveling abroad