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▲ screenshot of the video showing the people in the car being thrown out

recently, an off-road vehicle rolling over and rolling on a hill in an off-road field in kunming, yunnan, has attracted attention. in the video circulating online, the people in the car were thrown out, and the scene was thrilling.

on september 24, a rider who participated in the off-road event "yunnan hundred cars battle" told red star news that the person in the car who was thrown out had a pelvic fracture but is not in danger of life.

according to previous media reports, the accident occurred in bajie town, anning city, kunming, which was an off-road venue dug by a well-known local off-road enthusiast. after the accident, the off-road venue involved has been closed and related off-road vehicle competition activities have been stopped.

people familiar with the matter told red star news that if there were any illegal modifications or other behaviors during the event where the accident occurred, the relevant departments would handle it according to law.

insider:

if there is any illegal modification, etc.

the public security traffic control department will handle it

on september 24, an insider from an authoritative channel revealed to red star news that the event where the accident occurred did not meet the scope of activities that require approval from the public security authorities. "take concerts and exhibitions as an example. their main body is generally required to be a legal person, enterprise, or social group to apply for administrative approval from the public security authorities, but this (the event in question) was organized spontaneously by a private individual," the insider explained.

the insider also said: "the relevant departments are already investigating the traffic violations involved (in the accident). if any illegal modification or other illegal acts are found, the traffic management department of the public security agency will handle it according to relevant regulations."

red star news reporter noticed that a rider said in a video comment that the person in the car who was thrown out was not wearing a seat belt. the reporter verified this with the rider, but the rider did not respond.

on september 24, red star news reporters tried to contact the organizer of the event several times, but received no response. on the same day, red star news reporters called the bajie subdistrict office in anning city to ask whether the local authorities had any information about off-road enthusiasts privately digging off-road sites. the operator said they did not know about the relevant situation.

▲the scene of the incident

lawyer's analysis:

event organizers should fulfill their safety obligations

participants should anticipate the risks of the competition

in such activity accidents, how is the responsibility usually divided?

"if the organizers and managers of the event in this case fail to fulfill their safety obligations, they should bear certain responsibilities. at the same time, cross-country activities themselves are dangerous, and direct participants should be responsible for their own actions and they themselves need to bear certain responsibilities." lawyer fu jian, director of henan zejin law firm, told red star news that according to the relevant provisions of the civil code, organizers of mass activities have safety obligations and should take necessary measures to prevent damage. for high-risk activities such as cross-country competitions, organizers should foresee and prevent possible dangers. if the organizer fails to fulfill its safety obligations and causes injuries to participants or other personnel, the organizer shall bear the corresponding tort liability.

"at the same time, according to the relevant provisions of the civil code, if a person voluntarily participates in a cultural or sports activity that involves certain risks and is harmed by the actions of other participants, the victim may not request other participants to bear tort liability, unless the other participants are intentional or grossly negligent in causing the damage. this means that contestants should foresee the risks of the competition itself and voluntarily bear them," said lawyer fu jian.

tan mintao, a lawyer at beijing zhongwen (xi'an) law firm, said that in this case, the division of legal responsibilities needs to comprehensively consider whether the organizer has fulfilled its safety guarantee obligations and whether the participants have followed the rules of the competition and fulfilled their duty of care. "if the organizer is at fault and causes damage, he must bear the corresponding legal liability; if the participant causes damage due to his own reasons, he must bear the responsibility himself."

lawyer tan mintao said that cross-country races are a high-risk activity, and organizers have the obligation to conduct a full safety assessment of the venue before the event to ensure that the track design is reasonable and safety measures are in place. if the organizer fails to fulfill its safety guarantee obligations, such as failure to eliminate potential safety hazards at the venue, failure to set up necessary safety warning signs, and failure to provide sufficient rescue equipment, resulting in injuries to participants, the organizer must bear the corresponding legal liability; on the other hand, as adults with full civil capacity, participants should be responsible for their own actions. when participating in cross-country races, participants must abide by the rules of the competition, wear necessary safety equipment (such as seat belts, etc.), and exercise reasonable care to reduce the occurrence of damage.

red star news reporter wang chenyuan