"CCTV female editor's outdoor activities death" case verdict, parents claim a lawsuit

In January 8th, the court of Chinese court of justice, the people's Court of Haidian District, Beijing, examined the case of the plaintiff, Mr. Sun Mr. and Mrs. sun, the defendant, Ms. Zhang, the defendant, and the defendant in the Beijing green field information technology limited company. The court rejected all the claims of Mr. and Mrs. sun.
In March 6, 2007, the defendant, Mr. Hao, posted on the website operated by the green field company, "March 10th, the lower Mawei - Lingshan Lingshan ancient road - flood day plan". The next day, the two plaintiff's female Xiaoying (alias) entered the above activities under the name of "Xia Zi". Due to the delay of the rental vehicles and the weather conditions, we agreed to change the route from Bai Yu through Huang Cao Liang to northern Lingshan. At 22:30 that evening, Xiaoying suddenly appeared prostration symptoms. Mr. Hao called the police to call the police. Xu Xiaoying was unconscious at 1 a.m. the next morning. At noon on March 11, 2007, Xiao Ying was sent to the Mentougou District Zhai Tang hospital for treatment and died. In addition, the website of the green field company announced in January 29, 2007 that it aims to provide a platform for outdoor enthusiasts to communicate, organize and participate in activities. The leader needs the qualification of the leader and is an AA system.
The plaintiff thinks that the organizational behavior of Mr. Hao and Ms. Zhang lead to the consequences of the small spikelet death. The activities of the company blindly encourage the risks and the hidden dangers of security are subjective fault. The court ordered the three defendants to jointly compensate for the total losses of more than 40 yuan.
The court holds that the main body of the security obligation of social activities should be the owner, operator, manager and other civil subject of the security obligation to the person who has entered the place, which is characterized by the fact that it has the ability to control the place of activity. In this case, Xiao Ying was killed in the process of climbing Lingshan. The location of the incident was a natural scenic area open to the public. Although Mr. Hao and Ms. Zhang made a trip route, the two people obviously did not have the control and management responsibility for the environment. The existing evidence also does not prove that Mr. Hao and Ms. Zhang have organized this activity for the purpose of profit, and the two people do not undertake the obligations to safeguard the personal and property safety of the products or services. Mr. Hao and Ms. Zhang, in the disclaimer's disclaimer's statement of the rights and obligations of the leader, can not reflect the activity of the sponsor has made a contract commitment to the security obligations. According to the report of forensic autopsy, according to the forensic autopsy, the small spikelet conforms to the hypothermia caused by the cold environment, the whole body metabolism and the inhibition of life function, which excludes the possibility of human factors. The existing evidence does not show that the small spikelet has symptoms such as strength and strength in the early days of the activity. After the special situation in the evening, Mr. Hao and the participants performed the necessary relief duties, and the self-help tour leader did not gain extra from the responsibility for making travel routes, funds management, and coordination of members' opinions. Interest. As a civil subject with full cognitive ability, Xiao Ying can make a judgment based on the risk hints in the disclaimer and the understanding of the outdoor mountaineering activities, and choose the activities according to their own conditions. In addition, there is no evidence that there is employment relationship between greenfield and its leaders or directly from the activity itself to obtain economic benefits. Finally, the court made the above decision.
After the sentence, the plaintiff did not make a clear appeal.