In coordination with the lifting of mountain and sea restrictions, the Executive Yuan passed an amendment to the "State Compensation Act" this morning. In the future, for natural public facilities in open mountain and water areas, if the government has already set up warnings and signs but individuals still choose to take risks, the state will not bear liability for compensation. However, if an accident occurs in "man-made facilities" within natural public areas, the state's responsibility may be reduced or exempted depending on the circumstances. Executive Yuan spokesperson Kolas Yotaka also said that a unified regulation on user-paid search and rescue services will be reviewed by central and local governments by June next year at the earliest.
When explaining the key points of the State Compensation Act amendment, Tsung Jui-lan, director-general of the Department of Legal Affairs at the Ministry of Justice, stated that under the current law, the state bears absolute liability without fault for any public facilities it sets up or manages. However, maintaining the original ecology and terrain in open mountain and water areas makes it fundamentally impossible to install artificial safety measures. Therefore, adjustments to certain conditions are proposed. The focus of this amendment is that in open mountain and water areas, if the managing authority has provided appropriate warnings and signage, and individuals still engage in risky or dangerous activities, they must take responsibility for self-management.
She explained that for "natural public facilities" in open mountain and water areas—such as national parks, natural lakes, wild streams, and coastlines—if warnings about dangers are already posted and individuals still choose to engage in risky activities, the state will not be liable for compensation. As for "man-made facilities within natural public areas," such as boardwalks and suspension bridges, if these have not been reinforced but warning signs are posted, and individuals still choose to take risks, the state’s liability for compensation may be "reduced or exempted."
Chen Ming-tang stated that regarding how compensation might be reduced or waived, if a claimant demands 500,000 NTD in compensation but is found to be 80% at fault, the government would only be liable for 20%, or even none at all if the injury was entirely caused by the individual’s own actions—the specifics will be determined by judges.
This amendment also clarifies that the state will bear
In addition, this revision also expands the scope of state compensation to include "personal freedom" beyond the original conditions of "life, body, and property." The Ministry of Justice gave an example, stating that in the future, if public facilities—such as elevator malfunctions that trap people—occur, they will also fall within the scope of state compensation.
Kolas also addressed the issue of user fees, noting that it involves local government regulations on mountain climbing. The Executive Yuan has asked the Ministry of the Interior and the Ministry of Justice to work with local governments to discuss and propose amendments to the mountain climbing ordinances of various counties and cities. The goal is for hikers nationwide to face consistent regulations, with the hope that the ordinances of all counties and cities can be standardized by June next year at the earliest. Premier Su also instructed at the cabinet meeting that the Financial Supervisory Commission encourage insurance companies to develop and research mountaineering insurance, in line with the spirit of the legislative amendment.
(China Times)