Because weather rains, year Ms. Jiang of nearly 6 a period of ten days gets hurt from the trip when board enters passenger liner cabin, create two office 10 class disable. For this, ms. Jiang tells passenger liner company and travel agent to the court. A few days ago, shanghai admiralty courtyard damages liability issue desk to make first instance adjudicate to this maritime person, passenger liner company and travel agent assume the responsibility of 20% , in view of passenger liner company already charge of medical treatment of pay for sb and expect to be repaid later, reject the appeal of accuser then. This case maintains original judgement via cognizance of 2 careful court.
Tourist wet holds beverage to take cabin trip, two place 10 class disable
Ms. Jiang of Shanghai was bought to travel agent " marine quanta date " of passenger liner " 4 evening of Shanghai Okinawa Shanghai 5 days " travel product. When the return trip, passenger liner already relied on berth dock, the sky falls a spit, ms. Jiang follows the husband enters the trip when indoor cabin from 14 weather deck.
According to monitoring video presentation, ms. Jiang holds beverage to follow the husband enters cabin through two automatic doors early or late, automatic door edge is put inside cabin have air-blower and be in working status, cabin inland brick slips to prevent floor tile; In entering cabin process Ms. Jiang was not put slowgoing fast or reduce step. After Ms. Jiang trip, passenger liner staff member sends cure cure her instantly and pay for sb and expect to be repaid later medical treatment charge, classics appraisal makes two part after 10 class disable.
Because compensate for matters concerned not to talk things over, the limited company of You Lun of royal Caribbean RCL that Ms. Jiang belongs to passenger liner place then (RCL Cruises Ltd, the following abbreviation is royal Caribbean You Lun) with limited company of travel agent of Zhejiang international collaboration (travel agent of collaboration of international of the following abbreviation) sue consummate sea admiralty as the accused courtyard, ask two the accused compensate for damages of disability compensation, spirit to wait jointly add up to more than yuan 270 thousand.
Both sides sticks to his argument, front courtyard careful is intense engage in a battle
Ms. Jiang thinks, because the floor inside cabin is wet,its trip gets hurt is slippery be caused by; Royal Caribbean You Lun serves as " marine quanta date " management person provides a service to travel this, tourist of accountability below situation of abominable and changeful weather safeguard is safe; International collaboration travel agent regards travel as the contract relatively square, also ought to assume tort damages responsibility.
Argue of royal Caribbean You Lun weighs the accused, trip rains that day, passenger liner weather deck has water is commonplace, ms. Jiang slips to Tian Yulu as adult need to take care to walk in order to make sure oneself person is safe, ought to have necessary attention compulsory, as a result of,its trip is on degree quite oneself carelessly be caused by. Ms. Jiang also fails to prove the accused is royal error of existence of Caribbean You Lun, passenger liner board and cabin space are in laid carpet, also open air-blower to be used at blowing dry ground, and do not have other visitor trip.
International collaboration travel agent thinks, travel agent and Ms. Jiang establish contract law law to concern and fulfilled contract obligation lawfully, of basis of Ms. Jiang appeal is tort law impact, reason its should be not labelled this case the accused; Next, travel agent is in charge of forming a delegation only, the ground receives a company to be other travel company, its also do not have fault in this case.
Tourist conceit is main responsibility, passenger liner company is carried duty two into
The court thinks after classics cognizance, royal Caribbean You Lun regards the accused as public management person, the safe safeguard that has security of person of protective accuser Ms. Jiang is compulsory, the likelihood in answering travel process endangers the special risk of person belongings safety to make clew, dan Tianyu road walks slipperily, carefully is the basic common sense of daily life, be not the safe risk with peculiar place of passenger liner travel, need not its make special clew; When the accident, royal Caribbean You Lun already adopted the accused to place air-blower to be used at blowing employee of dry ground, arrangement to pull water to wait around accident ground necessary waterproof defend slippery measure, but passenger liner is communal area tourist come-and-go is frequent, hard to avoid is thenar carry water, the step that requirement passenger liner takes must make sure all the time every inches of ground keeps absolutely and dry not actual. And Ms. Jiang serves as adult, from outdoor enter indoor, behoove notices to decelerate a pace when taking the door fast, clean plantar rainwater or ground of observation taking a heart. From monitoring the record can discover, ms. Jiang enters cabin hind from board and do not have the expression of careful amble, main responsibility is in reason its oneself. Of course, if royal Caribbean You Lun is adopted further place safe caution shop sign, add the measure such as carpet length, may older rate reduces a tourist the risk of inadvertent trip. Integrated the accused is royal the fault degree of Caribbean You Lun and accuser Ms. Jiang, drink royal Caribbean You Lun assumes calm the accused to have an accident originally the responsibility of 20% .
The court thinks at the same time, accuser Ms. Jiang and travel agent of collaboration of the accused international concluded leave the country travel contract, international collaboration travel agent is to form a delegation company, royal Caribbean You Lun provided defendant actually passenger liner visits a service, be travel contract fulfill auxiliary person. Accuser Jiang female person can assist a person to ask to assume liability to pay compensation to responsible fulfilling already, also can ask to form a delegation the company assumes liability to pay compensation. Accordingly, travel agent of collaboration of the accused international in the accused royal Caribbean You Lun is assumed coequal liability to pay compensation is assumed inside extent of liability.
On put together, the court makes afore-mentioned court decisions then.
