What kind of responsibility should the elderly bear when they play in the scenic spot and pick up the bayberry and fall in the scenic spot?

In recent years, tourists have suffered personal and property damage in tourist attractions from time to time. The tiger wounding incident in Badaling Wildlife Park in Beijing and the tiger biting incident in Ningbo Zoo have aroused widespread concern in society.

The Huadu District People's Court in Guangzhou today (May 29) reported a case in which a 6-year-old man climbed a tree to pick bayberry and fell to his death.

On May 19, 217, Wu Mou, who was nearly 6 years old, was picking bayberry on the bayberry tree beside the Lover's Dike River in a mountain village scenic spot in Huadu District, Guangzhou. Because the branches were rotten and broken, Wu Mou fell from the tree and died after being sent to hospital for treatment.

Wu Mou's relatives believe that the mountain village scenic spot, as a national 3A-level tourist scenic spot, has planted at least 5 Myrica rubra trees on both sides of the river bank in the core area. Because of the low grafting position of Myrica rubra, it is easy to climb. Every time Myrica rubra matures, a large number of visitors climb Myrica rubra, pick Myrica rubra on the tree and even plunder it.

however, the scenic spot has never taken safety risk prevention measures such as safety guidance or management. Therefore, Wu Mou's relatives took the mountain village scenic spot to court and claimed more than 6, yuan.

It is reported that the villagers' committee in a mountain village is the owner of Myrica rubra trees beside the Lovers' Dike River in a mountain village, and it has not provided villagers or tourists with activities of picking Myrica rubra for free.

huadu court: the defendant bears 5% responsibility

after trial, the court determined that the defendant bears 5% responsibility as appropriate. Where is this liability determined?

Yu Ying, a judge of the First People's Court of Huadu District, said that the focus of this case is: whether tourists suffer personal and property losses in tourist attractions, and whether and how much responsibility the tourist attractions bear.

Yu Ying said that the security obligation of tourist attractions refers to the security obligation that operators should undertake in the business premises for the personal and property safety of consumers, potential consumers or other people entering the service premises according to law.

the obligatory subjects are citizens, legal persons or other social organizations, such as the owners, managers and contractors of tourist attractions, who have legal security obligations or de facto control over the place, and the rights subjects include consumers, potential consumers and people who actually enter the service place. In the case, Wu Mou belongs to the person who actually entered the scenic spot.

In this case, Wu Mou, as an adult, went to the tree to pick bayberry without the defendant's consent. He should have anticipated the danger of picking bayberry on the tree. However, he went to the tree to pick bayberry without taking safety protection measures, regardless of his age, which directly led to his fall and death. There was a major fault and he should bear the main responsibility for his own damage.

As the manager of the scenic spot and the owner of the Myrica rubra tree, the village committee of a certain mountain should be aware that there are tourists or villagers picking Myrica rubra on the tree in the scenic spot, which may endanger personal and property safety. However, it did not give a certain warning about the danger of picking Myrica rubra and climbing Myrica rubra tree, and dissuaded them in time, which was a certain fault.

Based on the specific circumstances of this case, the court found that a village committee of a certain mountain should bear 5% of the compensation liability.

The judge reminded: Travel should abide by regulations and avoid "uncivilized"

In recent years, with the continuous improvement of people's consumption level in our country, people are keen to visit various scenic spots. Whether they are in the city to experience the humanistic customs or in the village to experience the farmer's fun, there are always some tourists who don't abide by the relevant regulations and travel uncivilized, which leads to various disputes.

China's "Interim Measures for the Administration of Records of Uncivilized Behavior in Tourism" stipulates that China tourists' behaviors that violate domestic and foreign laws, regulations, public order and good customs and cause serious social adverse effects during their travel at home and abroad shall be included in the "Records of Uncivilized Behavior in Tourism". Mainly including ▼

▎ disturbing the order of aircraft, vehicles and boats or other public transport;

▎▎Destroy public sanitation and public facilities;

▎ Violation of social customs and ethnic living habits of tourist destinations;

▎▎▎▎▎▎▎▎▎▎▎▎▎▎▎▎;

participating in gambling, pornography and drug-related activities;

▎ engaging in activities that endanger the personal and property safety of yourself and others regardless of dissuasion and warning;

▎ Destroying the ecological environment and violating the regulations on wildlife protection;

▎▎▎▎▎▎▎▎▎▎▎▎▎▎▎▎▎▎▎▎▎▎▎▎▎▎▎▎961

▎ Other acts that have caused serious social adverse effects as determined by the tourism authorities in the State Council.

If the guardian's gross fault leads to uncivilized travel behavior, the guardian will be included in the "uncivilized travel behavior record".

The judge pointed out that, therefore, tourists should practice socialist core values, adhere to civilized travel and civilized tourism, strictly abide by the relevant regulations of scenic spots, and be civilized and disciplined travelers.