A woman with mental problems hit the Hongluo Temple garden party was sentenced to bear responsibilit-restorator

A woman with mental problems hit the Hongluo Temple Zoo – sentenced to bear responsibility for Beijing, Ms. Stone in the home on the way missing, after looking after the family received notice of the police, Ms. Stone has been in the Huairou Hongluo Temple scenic spot road side of death, and abnormal death. Because of that scenic managers management oversight, Ms. Shi’s family will be Beijing Hongluo Temple Tourism Development Co., taken to court, asked to assume responsibility. The court considers that the scenic spot not to a reasonable range of security obligations, the death of Ms. Stone bear secondary liability, compensation related losses more than 22 yuan. Family: scenic trails for mountain side or died trapped in the family of the deceased claimed that in January 15th last year, Ms. Stone from Zhangjiakou to Hunan to visit the Chinese new year, after leaving home, he and his family lost contact. In January 29th, Ms. Shi’s husband Mr. Xu from Huairou police that 3 point 28 in the afternoon, found his wife’s body in the Huairou area of Hongluo Temple. After identification, Ms. Stone abnormal death, does not exclude the death, time of death of at least 2 to more than 3 days, the death site is located in the scenic area road side. Ms. Shi family later learned that because of the heavy snow, the Hongluo Temple company in January 24, 2015 on the scenic mountain, and blocked the only access to the main peak of Tianmenshan Mountain, where Ms. Stone death is at the edge of roads leading to the main peak of Tianmenshan Mountain, is likely to be trapped in the scenic area. Family believes that Hongluo Temple as Hongluo Temple scenic area manager, responsible for the security obligation of the scenic tourists, the Hongluo Temple company of Ms. Stone’s death should bear the responsibility for compensation, so Ms. Shi family to court, requesting the court to order the Hongluo Temple company to assume the death indemnity, dependents living expenses, funeral expenses, mental solatium a total of 63 yuan. Don’t buy a ticket into the scenic spot: questioning has done security obligations in this trial, the Hongluo Temple company argued that Ms. Stone is not through the purchase of tickets into the area, and therefore did not establish a contractual relationship with Hongluo Temple company. "Ms. Stone of death, no ticket on the body, and according to the gate area of the police retrieved video, did not find the stone lady enters the scenic picture." Its agent said. The area surrounding the village there are a number of routes can be up and down, the line is not in Hongluo Temple, within the scope of management, Ms. Stone through non normal channels mountain scenic area management personnel do not know her in the scenic range." The agent pointed out that the scenic mountain, has confirmed that all normal into the area of tourists stranded at the gate to the peak of this region, there is not any negligence, as to the evacuation and inventory of tourists obligations. Judgment: the main responsibility for the family to bear the scenic spot has also been negligent court of first instance to identify, Ms. Shi’s husband had repeatedly stated in the public security organs, Ms. Shi spirit of some problems. Therefore, the court held that the plaintiff as Ms. Shi’s family not to care responsibility, lead away from the home, and died in Hongluo Temple scenic area, so the plaintiff of Ms. Stone’s death should bear the main responsibility. And closed during inclement weather, as Hongluo Temple scenic area management, due to the height of the duty of care, should be reasonably foreseen for behavior may cause retention of tourists can not down Yu相关的主题文章: