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on september 30, the supreme people's court released five typical cases of tourism disputes based on the specific situation of frequent disputes in the current tourism market. among them, the "zhu mouxin v. a tourism company's liability dispute case for violation of safety guarantee obligations" deserves attention.

on may 31, 2020, zhu mouxin purchased tickets from a travel company and participated in the "swinging bridge" project on that day. during the project, a staff member of a tourism company shook the bridge deck, and zhu mouxin fell from the swing bridge and was injured. the hospital diagnosed zhu mouxin with a comminuted intercondylar fracture of the left humeral condyle and was hospitalized for a total of 13 days. after identification, zhu mouxin's injuries and sequelae were assessed as level nine disability. zhu mouxin filed a lawsuit with the people's court, requesting a travel company to be ordered to compensate for medical expenses and other economic losses.

the dongshan county people's court of fujian province held in the first instance that the "swinging bridge" project involved in the case was dangerous, and that a tourism company, as the manager of the "swinging bridge", had a higher level of safety assurance obligations to project participants; project participants they should also fully assess the risks of the projects involved and have a higher degree of duty of care for their own safety. although a tourism company has set up warning signs to remind you of the dangers of the project, and has taken protective measures such as wrapping soft rubber to prevent falls and bruises, it still has not provided adequate and effective safety protection for participants. company staff should bear primary responsibility for excessive shaking of the bridge deck. as a person with full capacity for civil conduct, zhu mouxin failed to exercise the necessary care for his own safety, was also at fault for the accident, and should bear secondary liability.

after comprehensive consideration, the court determined that a travel company should bear 80% of the responsibility for the accident involved in the case, and zhu mouxin should bear 20% of the responsibility for the accident involved in the case. it ruled that a travel company should compensate zhu mouxin for economic losses totaling 299,754.34 yuan. after the verdict was announced, zhu mouxin and a travel company both appealed. the second instance upheld the original verdict.

red star news reporter qi biao