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In the absence of evidence to the contrary, the maritime accident report made by the administrative organ can be used as evidence for the court to determine the facts of the case, but the responsibility of the parties should be determined by the court


Updated:2021-10-27    Views:

In the case of dispute over liability for personal injury at sea between Li X, Wei

X, Liu X as the plaintiffs and Xu X as the defendant33, Xu X hired Sang X to

drive the motorboats at Dalian Changxing Island Beach and charged tourists to

experience the motorboat sailing at sea. In the sea ride process, the motorboat

driven by Sang X cut Liu XX with an injury in the head who was swimming in

the sea, and Liu XX died despite emergency rescue efforts. In accordance with the

employer’s liability provided in Paragraph 1 of Article 9 of the Interpretation of

the Supreme People’s Court on Several Issues concerning the Application of Law

in the Trial of Personal Injury Compensation Cases, Sang X was responsible for

the accident, and Xu X as an employer bore the tort liability. In addition, Article 26

of the Tort Liability Law of the People’s Republic of China provides that, “Where

the infringee is also attributable to the damage, the liability of the infringer may

be mitigated.” Although the maritime accident report made by the administrative

organ held that Liu XX was not obviously at fault as a tourist, the Court held that

in the case of several motorboats sailing on the sea, Liu XX should know the

danger of swimming and take necessary protection and warning measures. Liu XX

didn’t take necessary warning measures, and was at fault for the accident, too. The

Court ruled that Xu X’s liability as the infringer was reduced by 10%.


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