Judicial case: Who is responsible for the death of an elderly man while traveling?

Introduction: When an accident occurs when an elderly person travels, there will be different judgment standards in different situations. Let’s take a look at the relevant judicial examination content.

Mr. Zhao, who was over sixty years old, suddenly fell into coma and died after traveling with a group. Mr. Zhao’s family believes that the travel agency failed to take appropriate first aid measures, causing Mr. Zhao’s death, and should bear full responsibility. The court of first instance ruled that the travel agency should bear secondary liability and compensate the family members for various losses of more than 170,000 yuan. Mr. Zhao's relatives were dissatisfied and appealed to the Municipal No. 1 Intermediate People's Court. Recently, the court upheld the original verdict in the second instance.

An elderly man suddenly fell into coma and died while applying for a group tour

In August 2015, Mr. Zhao signed a "Travel Contract" with Heping Tianxia Travel Agency, stipulating that Heping Tianxia Travel Agency would be the organizing agency and arrange the tour. Hailar Hulun Buir Grassland, Hulun Lake, Manzhouli Port, Shiwei, Ergun Gen River Wetland, Mordaoga Forest Park, Genhe Aoluguya Folk Village two-bedroom 8 days and 7 nights tour, the tour date is August of the same year January 8th.

After the contract was signed, Heping Tianxia Travel Agency entrusted Journey World Travel Agency to perform the contract. Later, Lvjingtianxia Travel Agency entrusted the travel service and reception business of 36 people, including Mr. Zhao, to Hulunbuir City North Latitude Fifty Degrees Travel Agency. The 36 people included 8 elderly people over 60 years old.

On August 8, 2015, Mr. Zhao and 36 other people took a train to Hailar. The Hailar ground reception staff arranged a local guide for Fifty Degrees North Travel Agency. At about 11 o'clock on August 14 of the same year, Mr. Zhao suddenly fell into coma while participating in free activities within the scope of the itinerary at the Huhnuoer Grassland Tourist Spot. He was sent to Hailar for treatment, but died after the rescue failed.

The family members sued the travel agency, claiming that there were hidden dangers in the arrangement.

Mr. Zhao’s family members believed that the travel agency was responsible for both the itinerary arrangements and the tour guides and necessary first aid measures and first aid drugs that should be provided. There are many problems such as defects, deficiencies, and absences. The responsibility for Mr. Zhao's sudden death during the trip was entirely due to the travel agency's failure to provide services in accordance with the service standards agreed by both parties in the travel contract, and the travel agency's many violations of relevant laws and regulations during the entire travel process. The travel agency shall bear all liability for compensation.

Regarding the deceased’s claim, the travel agency believed that it had no fault in providing travel services and there was no breach of contract. Mr. Zhao died while arranging activities on his own. His death was caused by his own illness and there was no causal relationship with the tourism service. The company also fulfilled its rescue obligations. If the deceased party violates legal and agreed obligations and conceals his health condition, he shall bear the responsibility himself.

Those who are at fault but not the principal cause bear secondary liability

After hearing, the court of first instance held that when Mr. Zhao fell into coma, the ground staff did not take emergency treatment measures for Mr. Zhao immediately. It also failed to arrange an immediately available vehicle to take Mr. Zhao to the hospital in time. The above-mentioned behavior of the ground transportation agency caused a certain delay in rescuing Mr. Zhao, but there was no causal relationship between it and Mr. Zhao's death. According to the facts ascertained, Mr. Zhao suffered from a history of coronary heart disease. The cause of Mr. Zhao's death was myocardial infarction, which was caused by his own disease. Mr. Zhao should bear the main responsibility. Therefore, it was ruled that Heping Tianxia Travel Agency should compensate Mr. Zhao’s family more than 177,000 yuan. Mr. Zhao's family was dissatisfied and appealed to the No. 1 Intermediate People's Court of the city, demanding that Heping Tianxia Travel Agency bear 50% of the compensation liability.

The City No. 1 Intermediate People’s Court held that the cause of Mr. Zhao’s death was myocardial infarction. His family also stated that Mr. Zhao had a history of coronary heart disease, and the objective circumstances of Mr. Zhao’s sudden coma were beyond the control of the travel agency. However, Heping Tianxia Travel Agency has faults such as the ground pick-up staff of the ground agency who did not obtain the tour guide certificate, lacked necessary rescue knowledge, and the travel itinerary was too compact. This is reflected in the travel organizer's lack of emergency capabilities such as organization, care, and help, and the failure to Provide timely assistance to participants.

The court held that these duties of care were intended to prevent the occurrence of damage rather than cause damage. Therefore, the travel agency’s failure to fulfill its safety protection obligations within reasonable limits had a low degree of involvement in the death of Mr. Zhao. Taking into account the circumstances of the entire case, the court of first instance determined that Heping Tianxia Travel Agency should bear a relatively small liability and had corresponding legal basis. In the end, the No. 1 Intermediate People's Court of the city rejected the appeal and upheld the original verdict.