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(CCTV finance and economics " for a short while " ) recently, ms. Li of Liaoning Dalian meets to make her special the thing of suffer from excessive internal heat, when she takes a son to play in bazaar, see orgnaization of some physical ability is doing free test, ms. Li let a son experience, unexpectedly child accident falls, bring about on labial defeat is cracked, seamed 8 needles at a draught. After the accident, she found the chief over there, should the other side assume responsibility?
Similar incident still has many, this year May, have media coverage, 6 years old female child be in inside field of experience of a ski of Shanghai when motion, inadvertent trip, both hands gets hurt. Same, businessman and female child the parent also produced difference on compensatory problem.
It is children may get hurt in experiencing an activity not just, grow up to also can encounter this kind of situation repeatedly. Before this, in Jiangxi Nanchang, when Mr Wang is experiencing balance car of the businessman, inadvertent also trip gets hurt.
We saw the case of a few anxious letting a person in the film in front, so the free activity that participating in a businessman, perhaps get hurt in the process that consumer is experiencing, whether ought to the businessman assume liability to pay compensation? We will hear the point of view of legal personage.
Bao Chang of Qiu of expert of committee of experts of Chinese consumer society: Cannot avoid freely quite duty, basically saw these orgnaizations use up safety to guarantee obligation, if be done not have, no matter be free,still collect fees, want to assume corresponding responsibility, cannot because free, the safety that absolves legal provision to ought to be assumed ensures obligation and legal responsibility.
The expert expresses, no matter be to participate in,pay cost or free project, operator is having the obligation of safe safeguard to consumer, the risk that need exists to the likelihood in the activity undertakes caution remind, want to undertake rescueing them in time when producing an accident. If appear as a result of operator oneself equipment, equipment problem, or the careless omission that operator puts on safe safeguard, cause consumer person harm, operator ought to assume tort responsibility, according to assume responsibility scale to undertake compensatory.
Bao Chang of Qiu of expert of committee of experts of Chinese consumer society: Resemble ski, have particular risk, the way that must want to look in order to wake reminds an attention, the working safeguard staff that still should want to have security is in all round, once appear problem can rescue them immediately, operator can not collect your fee because of me anything but, the responsibility that I assume is little, or I do not have responsibility.
Solicitor of office of Beijing Yue Cheng's attorney hill of high mountain : As the word of an operator, it should see this its activity beforehand reasonably, the location that perhaps says oneself manage may put a few jeopardy that be in, have the relevant a few measure that prevent and avoid next. After say occurrence thing commonly, we are OK both sides will undertake negotiation, perhaps say to undertake negotiation settlement with all possible means, the word that does not talk things over then can receive a court sue continuously actually, adopt program of this kind of law, pass evidential checkup, decide this bilateral proportion that assumes responsibility finally.
Accident harm happens when experiencing commodity perhaps serves freely, consumer and businessman often can stand on the footing that is helpful for his see a problem. Advantageous nevertheless, do not be equal to rational. Everything still should be a basis with law. The expert said, do not be equal to freely avoid duty, no matter be,collecting fees still is free, operator has the obligation of safe safeguard to consumer. But anyhow, we hope such accident can again a bit less, a bit less.
