Event Recap:
Jiang Hua (a pseudonym), a 28-year-old hiker, unfortunately fell off a cliff and sustained serious injuries while joining a group trek through the inner reaches of the Eighteen Streams on March 18. Despite full rescue efforts by fellow hikers, Jiang Hua passed away due to the severity of his injuries.
Event Link: http://bbs.lvye.cn/thread-389381-1-1.html
Jiang Hua (a pseudonym) is gone too soon, but can this really be the end? Should all the responsibility and pain truly fall on the shoulders of this elderly couple who lost their son in their later years?
Waiver Notice Posted with Trek Announcement
A reporter found the “Trek Announcement for the Inner Reaches of the Eighteen Streams on March 18” on an outdoor website. The announcement included a waiver stating: “All participants are deemed to have full civil capacity and shall bear full responsibility for any consequences arising thereof; this is a voluntary, companion-based activity. Participants acknowledge the risks involved in outdoor activities, assume all self-guided activity risks, and hold no group, leaders, or organizers liable for any accidents. Organizers and team leaders shall not bear any corresponding legal or economic liabilities. Participants waive the right to claim compensation from organizers, team leaders, or teammates. Participants must purchase relevant accident insurance individually before joining.”
The statement also noted, “Once the activity begins, this waiver will automatically take effect, indicating your acceptance of it. Otherwise, please withdraw from the activity before it commences.”
Ms. Zheng expressed deep confusion over this. As the organizer of the event, shouldn’t they take responsibility for their fellow hikers rather than using an online waiver to evade accountability?
Industry Insider: Risk Assumption is an Unwritten Rule
Yesterday, a reporter contacted the organizer of this outdoor activity, known as “Wild Wolf.” While he declined an interview, he offered an explanation on the forum.
Yesterday afternoon, a post titled “Regarding the March 18 Eighteen Streams Accident” was published on an outdoor website. The poster, “Fuzhou Wild Wolf,” recounted the incident and reiterated that this was a self-funded, AA-style group activity where all participants shared expenses equally. It was purely a gathering of outdoor enthusiasts with no profit motive. Furthermore, when the accident occurred, everyone did their best to provide assistance and called for help immediately. When organizing the event, he had posted a “waiver notice,” reminding participants to wear helmets and purchase their own insurance.
He also mentioned that he had since been in discussions with Jiang Hua’s family, actively cooperating in handling the aftermath, and would continue to offer long-term care to Jiang Hua’s parents. In response, teammate “Rock” added that because Jiang Hua’s father was also a hiker, the family has not asked for compensation. “Rock” said Jiang Hua’s fall wasn’t caused by anyone’s actions, and watching a teammate stop breathing right in front of him was deeply distressing.
An anonymous hiker explained that such AA activities are usually organized only among familiar hikers, and a “waiver notice” is issued when posting the event. Any mishaps are to be borne by the individuals involved. Within the circle, this is a commonly accepted “rule of the game,” although it remains unclear whether the law recognizes it.
FAQs>>
Can a Waiver Notice Truly Exempt Liability?
Yesterday afternoon, Li Zhiping, a lawyer from Fuzhou Guiyi Law Firm, explained that according to Article 53 of the Contract Law, the following waiver clauses in contracts are invalid: (1) those that cause personal injury to the other party; (2) those that cause property loss to the other party due to intentional misconduct or gross negligence. “The waiver notice issued by the outdoor website is merely a reminder, not a contract.”
Additionally, Lawyer Li stated that as adults, participants should consider the risks they are taking on. He believes that even if the family takes the case to court, they may not be able to obtain compensation.
Should Team Leaders or Organizers Be Held Responsible?
This largely depends on whether the team leader acted intentionally or negligently in causing the injury, and whether there is a causal relationship between the leader’s actions and the hiker’s injury.
Gong Weimin, a lawyer from Fujian Yuanjian Law Firm, explained that according to Article 37 of the Tort Liability Law, managers of public places such as hotels, shopping malls, banks, stations, and entertainment venues, or organizers of mass events, who fail to fulfill their duty of ensuring safety and thereby cause harm to others, shall bear tort liability.
Lawyer Gong believes that in the context of an AA activity, individuals within the temporary group have equal legal rights and obligations, and each participant should be responsible for their own actions. As participants, knowingly taking on risks indicates an awareness of the warnings, and they must bear the consequences when risks materialize. Moreover, he added that the organizers did not profit from this activity. Therefore, the responsibilities of organizers in such non-commercial activities differ from those in profit-driven commercial events. Although there is a moral obligation among team members to help one another, this is not a legal obligation.
Additionally, Yan Shijin, a lawyer from Fujian Dajia Law Firm, also stated that as the organizer of the activity, one must anticipate the risks of exploration. Even though the activity is AA and no profit is made, the organizer should screen participants in light of the content of the waiver notice.
How to Claim Insurance for Outdoor Accidents?
Before setting out, hikers can seek help from insurance companies.
According to an insider from an insurance company in Fuzhou, adventure activities are considered high-risk outdoor projects with significant risks of injury or death, and they attract relatively few participants. From the perspectives of insurance claims mechanisms and profitability, insurance companies generally do not design commercial insurance products specifically for such risks.
Regarding this issue, he suggested trying the following methods to minimize outdoor risks and losses: hikers should proactively choose to purchase appropriate commercial insurance products; hikers should reduce participation in high-risk exploration activities or opt for services provided by qualified and experienced outdoor companies or team leaders; hikers should follow project plans and relevant legislation; local governments can raise funds through fiscal allocations or social donations to establish rescue funds, thereby appropriately reducing the burden of rescue operations; the involvement of private foundations is especially encouraged.
Related Links>>
Guangxi “travel enthusiast” dies unexpectedly; family receives appropriate compensation
On July 7, 2006, a man named Liang posted online inviting others to join an adventure trip, with costs shared equally (AA system). On the morning of the 9th, due to heavy rain causing flash floods, the tents pitched in the river valley were swept away by the flood, and a fellow traveler, Luo, was killed.
Luo’s parents sued Liang and the other travelers. The first-instance court ruled that Liang should pay over 163,000 yuan in compensation, while the other 11 defendants jointly paid over 48,000 yuan. Liang appealed the decision.
In February 2009, the Nanning Intermediate People’s Court in Guangxi issued a second-instance ruling, ordering appellant Liang to compensate the deceased traveler Luo’s parents 3,000 yuan, and the other 11 appellants to each pay 2,000 yuan in compensation.
The court held that Liang had not engaged in profit-making activities through this trip, that Luo’s death was an accidental fatality caused by force majeure, and that the appellants had fulfilled their necessary duty of rescue without subjective fault. However, as participants in the incident, the appellants should share civil liability and provide the appellees with appropriate financial compensation.
Zhengzhou “travel enthusiast” dies in cliff fall; compensation claim rejected
On July 21, 2010, a Zhengzhou netizen named Li signed up for a self-guided tour called “Autumn in Northern Xinjiang,” organized by another netizen known as “Gobi Bluestone.” On the morning of August 15, Li and his teammates arrived at a place locals call Laohuang. Due to slippery mountain paths, Li accidentally fell 30 meters down a cliff and died. Li’s family sued “Gobi Bluestone” and 14 other travelers, demanding compensation for child support, death benefits, and other costs totaling over 260,000 yuan, citing the “principle of fairness.”
In April 2011, the Jinshui District Court in Zhengzhou accepted the lawsuit filed by the family of the deceased hiker against the trip leader “Gobi Bluestone” and the other travelers. The court officially ruled to dismiss the plaintiffs’ claims and found the defendants not at fault.