The old man died traveling sudden illness, the family claims 480 thousand yuan, Fangshan court...
Spend 30 thousand yuan, you can enjoy 95 days a year throughout the length of the line of travel, Wang Minjia and his wife are the products to attract tourism endowment company, signed a contract. However, in a trip to Shanxi in July last year in Xinzhou, Wang Minjia died due to myocardial infarction. The families of the elderly tourism endowment company sued the Fangshan court, claims 480 thousand yuan.
In the course of the proceedings, the defendant company did not find the families of the elderly travel agency business license, but when the company is not equipped with professional guides or medical staff, the court is how to divide the responsibility?
Wang Minjia and his wife are over 60 years old. Wang Minjia's wife claimed that in June 15th last year, he and his wife and Beijing Zhongai Xincheng Biotechnology Co. Ltd. (hereinafter referred to as the love of Xincheng company) signed a "travel contract" and pay membership, a service fee of 30 thousand yuan. The contract, Party A Party B to provide high-quality long-term tourism (4 days with 4 days) 65 days, with short-term (2-3 days) 30 days.
After signing the contract, the company in fidelity to Wang Minjia couple issued a "love - Fidelity prairie" single trip, the two old people signed up application.
The morning of July 21, 2017 6, Wang Minjia couple with the group ride the bus company in Xincheng, the evening arrived at a hotel in Shanxi city of Xinzhou province the Pianguan county. After dinner, Wang Minjia because of physical discomfort.
What future development, the original defendant saying there is disagreement.
The plaintiff said that the old man collapsed after the company had no medical personnel with love fidelity or professional tour guides and other attendants, Wang Minjia did not receive treatment, 10 o'clock in the evening died.
The plaintiff also said, love Xincheng company is selling health care products "bio technology company", did not get a travel agency business license, operating without a licence, and the entourage were elderly tourists groups, not equipped with professional guides or medical personnel, travel arrangements seriously overestimate staff's physical quality, and failed to timely disposal in Wang Minjia disease, eventually leading to the king Minjia died of the consequences.
The love Xincheng company argued that the only reason why Wang Minjia is the old man died of sudden illness. The defendant said that in the old disease, one of the staff accompanying the small Lei forward not only communication, promptly call 120, at the same time available to the elderly oral Kyushin Pills, but there is no effect.
Small Lei and driver pulled old man to the hospital, meet halfway and 120 emergency vehicles rushed to the scene, but after a medical examination found that elderly people have died due to myocardial infarction, there is no pull to the hospital.
The defendant also said, love Xincheng company for moral pay elderly emergency expenses, hire car, the cost of the hearse morgue, and all returned to the 30 thousand yuan fee paid by the elderly. In addition, the defendant also said the company has no qualification and the old man died of illness does not have any relationship, the company with the cooperation of the major travel agencies, sudden cardiac death will occur whenever and wherever possible.
Fangshan court held that the evidence of the defendant to fulfill the contract with the death of Wang Minjia causal relationship, Wang Minjia felt unwell after the defendant actively carried out the rescue.
The plaintiff mentioned defendant shall be equipped with the relevant medical claims, the court found that the two sides are not specified in the contract; the plaintiff claims the defendant no relevant qualifications, but the court held that there is no direct causality between this and Wang Minjia's death; as plaintiff claims the death of Wang Minjia and the tight schedule caused by the court held that, Wang Minjia as a full civil the ability of people, after receiving a single trip, should be on their own physical condition and the trip has certain recognition ability, and Wang Minjia began to travel in the first day after the sudden illness and death, the tight schedule of Never mind.
Ultimately, the court dismissed the plaintiff all appeals. The plaintiff refused to accept the appeal, the court upheld the second instance. (the parties are a pseudonym)
Reporter Zhang Yu
Source: Beijing Evening News