Disastrous weather hit the Gansu Baiyin Mountain Marathon, and 21 runners were killed. Who will be responsible for their deaths?
On the 22nd, the Baiyin Mountain Marathon encountered extreme weather, resulting in the tragic death of 21 people. Who should be held responsible for the accident sparked heated discussions. The lawyer believes that judging from the current reporting situation, extreme weather is the main reason. However, if the event host and organizer fail to fulfill their corresponding safety obligations and cause damage to others, they should bear tort liability, that is, they need to bear compensation according to the degree of their fault. responsibility. ?
Who is responsible for their deaths?
Now Gansu has set up an investigation team, and I believe there will be results soon. The next step is for the family to face the problem of compensation. First, we must clarify the subject of compensation, the organizer, undertaker, and co-organizer of an event. All can be the subject of liability, and secondly, should they bear responsibility? Some people think that extreme weather is a natural disaster, and it is force majeure and does not need to be held responsible. Some people think that the Civil Code stipulates that there is no need to take responsibility for taking risks, but I think in this case The above two principles are really not used, so the marathon organizer should be responsible.
Why should the marathon organizer be responsible for this?
Because for the organizers of marathon mountain races, if they fail to fulfill their professional safety obligations, they still have to bear civil liability. The safety obligations here mainly refer to whether the preparations are sufficient in advance. Whether there are rescue measures in place during and after the event. For example, the official disclosure is that the competition is at a high altitude. Compared with the low altitude itself, the possibility of extreme weather is very high. This is an important factor. Whether there is any consideration before the game, even if there is a sudden extreme weather, whether the corresponding emergency plan is prepared, such as whether the communication equipment of the support vehicle, medical point and supply point is complete and complete, it is obvious that the organizer has not done it. According to the Civil Code, managers or organizers of mass activities who fail to fulfill their safety obligations and cause damage to others shall bear tort liability.
Did the organizer of this event commit any criminal acts?
Twenty-one runners of the Gansu Baiyin Mountain Marathon died. I believe that the organizer and organizer are suspected of committing a crime. If they hold large-scale mass activities in accordance with the criminal law and violate safety management regulations and cause major casualties, the directly responsible supervisor will be held accountable. Personnel and other persons directly responsible shall be sentenced to fixed-term imprisonment of 3 to 7 years. In this accident, there are very big problems with the approach of the relevant departments. First of all, let’s look at the euphemistic publicity pictures. The organizer characterized this event as a mountain marathon, but in fact it is more of a mountaineering category than a marathon. The publicity There is misleading on. Secondly, the temperature was obviously low at the start of the race, but the relevant units did not require the participants to wear mandatory equipment. During the race, there was hail and strong winds, and there was no timely response. Moreover, there were no staff stationed in the most difficult 8-kilometer distance, and there were no safety officers to persuade them to leave. It can be seen that the organizers and organizers obviously did not have sufficient preparations and insufficient plans. The 21 deceased people were related to 21 or more families. If the organizer and the organizer violate safety management regulations, they must be held criminally responsible.