Meet to go swimming, one of them is drowned, is the companion responsible?

This is a case you can take a look at, the facts of the case show, Ding Yi.

Liu Hong, Su Qing.

Chen Wen, Zhao Hua.

Peer relationships. One day in May 2020, five people met for dinner and wine until 11 o'clock in the evening. After the end of the show, the five did not go home, but took advantage of the wine to swim in the lake in the park.

The five people took off their clothes and went into the water one after another under the warning sign that "the lake is dangerous and swimming is prohibited". Ding Yi accidentally slipped into the deep water area, and his companions at the scene immediately called for help and called the police, and the rescue team rushed to the scene and salvaged Ding Yi ashore, who had lost his vital signs. Ding Yi's parents then sued the water affairs bureau, the sub-district office, the water company and their guardians, the management unit of the lake, and demanded compensation.

The court held that the lake was an open ecological viewing lake, not a commercial swimming venue, and that the Water Affairs Bureau and the Sub-district Office, as the managers of the scenic lake, only had the obligation to ensure the safety of the lake's water conservancy facilities, and that the managers had installed warning signs prohibiting swimming in many conspicuous places near the lake for those who entered the park to play, and had fulfilled their safety reminder obligations, so the Water Affairs Bureau and the Sub-district Office did not bear civil liability for Ding Yi's drowning death.

Ding Yi and four other classmates decided that the act of playing in the water at the viewing lake should be an invitation, and all five of them were.

Ten. Six or seven-year-old persons with limited capacity for conduct should have been able to foresee the danger of swimming in the lake, and the five people, knowing that swimming in the lake was forbidden and not being able to swim themselves, went down to the lake late at night and after drinking to practice swimming, which significantly increased the danger, and the five people invited to participate in the dangerous behavior, and Ding Yi accidentally slipped into the deep water area, leading to the tragedy to have a certain causal relationship.

Ding Yi should bear the main responsibility for this, and the other four students are all at fault and should bear the corresponding fault responsibility. Therefore, it was decided that Liu Hong, Su Qing, Chen Wen, and Zhao Hua should jointly and severally bear 10% of the joint and several liability, totaling 84,658 yuan, and since the four were all minors, the guardians of the four were to bear the above-mentioned liability for compensation.

The tragic drowning of the good years is heart-wrenching. However, the lack of family supervision and children's own safety awareness is a place that should be reflected. The presiding judge said that the loss of life is worthy of each of us to be vigilant, and society, families, schools, and all functional departments should pay attention to it, strengthen the awareness of minors' safety precautions, and do not let tragedies happen again.

All names have been changed).

Know. Meet to go swimming, one of them is drowned, is the companion responsible?

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1. There is no legal obligation to ensure safety between swimmers.

At the time of the incident, the swimming activity was spontaneously organized by classmates and friends, and there was no question of who organized it, and it was not a mass activity as provided for in Article 1198 of the Civil Code. From the perspective of the participants in swimming, the participants are equal and self-disciplined, so the members participating in the activity have no statutory safety obligations with each other.

2. Swimming and drowning in the river is the result of his own risk, and other students should not be held responsible.

Article 1176 of the Civil Code stipulates: "Where a person voluntarily participates in a cultural or sports activity with a certain degree of risk, and other participants suffer damage due to other participants, the victim shall not request the other participants to bear tort liability; However, this does not apply if other participants are willful or grossly negligent in causing the damage. ”

In order to avoid the occurrence of drowning incidents to the greatest extent, schools and guardians should jointly strengthen education on minors' conduct patterns, behavioral responsibility, legal awareness, and other areas, widely publicize knowledge of drowning prevention and swimming safety, and increase minors' level of self-discipline. In addition, there is no legal obligation to protect minors and adults who are invited to go out together, but there are basic obligations that are similar to their age.

In the case of a swimming pool that is open to business, there is no such safety obligation between companions. However, when the swimming venue was an unfamiliar water, and Zuo's colleague was aware of the depth of the pond and the degree of danger. Then, these colleagues and Zuo have the obligation to help each other and give timely assistance when the injury occurs, otherwise they will bear the corresponding responsibility in accordance with the law.

Among them, the organizers of this swimming event should take greater responsibility.

Legal analysis: If a friend who has reached the age of 16 goes swimming together, and one of them drowns, and the other person is at fault for the drowning, he shall bear the corresponding compensation within the scope of fault; However, if the other person is not at fault for the drowning, he does not need to bear any legal responsibility for the drowning.

Article 1165 of the Civil Code of the People's Republic of China provides that if the actor infringes on the civil rights and interests of others due to his fault and causes damage, he shall bear tort liability. Where the perpetrator is presumed to be at fault in accordance with the provisions of law, and he cannot prove that he is not at fault, Weistool shall bear tort liability.

Summary. Hello, 1If there is a certain causal relationship between the colleague and the drowning death of a friend due to insufficient warning and foresight of the dangers that may occur during swimming and how to avoid the occurrence of dangers, the peer shall bear certain liability for compensation.

2.If the drowning person is not able to swim, but the others can, it can be regarded as a certain fault on the part of the other person (he should not be taken to engage in an activity that he cannot do and has a certain degree of danger), and there is a certain causal relationship between the negligence and the result of the damage. Therefore, other persons should bear the corresponding civil liability.

3.If the specific cause of drowning is caused by someone else's dangerous behavior, such as fighting, playing, or mischievous, causing the victim to drown in deep water. It is regarded as the consequence caused by the prior dangerous act, and of course it should bear civil liability.

4.If there is no fault, the principle of fairness can also be invoked. For detailed legal provisions, the General Principles of the Civil Law and the provisions of the Supreme People's Court on compensation for personal injuries may be cited.

5.Article 6 of the Supreme People's Court's Judicial Interpretation: Where a natural person, legal person, or other organization engaged in business activities such as accommodation, catering, entertainment, or other social activities fails to fulfill its obligation to ensure safety within a reasonable limit, causing personal injury to others, and the compensation rights holder requests that they bear the corresponding liability for compensation, <>

I had a few friends who went swimming in the reservoir and one drowned, what was the responsibility of the other colleagues?

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Hello, 1If there is a certain causal relationship between the colleague and the drowning death of a friend due to insufficient warning and foresight of the dangers that may occur during swimming and how to avoid the occurrence of dangers, the colleague shall bear a certain amount of compensation liability. 2.

If the drowning person is not able to swim, but the others can, it can be regarded as a certain fault on the part of the other person (he should not be taken to engage in an activity that he cannot do and has a certain degree of danger), and there is a certain causal relationship between the negligence and the result of the damage. Therefore, other persons should bear the corresponding civil liability. 3.

If the specific cause of drowning is caused by someone else's dangerous behavior, such as fighting, playing, or mischievous, causing the victim to drown in deep water. It is regarded as the consequence caused by the prior dangerous act, and of course it should bear civil liability. 4.

If there is no fault, the principle of fairness can also be invoked. For detailed legal provisions, the General Principles of the Civil Law and the provisions of the Supreme People's Court on compensation for personal injuries may be cited. 5.

Article 6 of the Supreme People's Court's Judicial Interpretation provides that <>if a natural person, legal person, or other organization engaged in accommodation, catering, entertainment, or other social activities fails to fulfill its obligation to ensure safety within a reasonable limit, causing others to suffer damage to the person's body, and the compensation rights holder requests that they bear the corresponding liability for compensation

Take a look at this.

It's all listed for you[2022][2022][2022].

Summary. Hello, the drowning person, as a person with full civil capacity, should be responsible for his own actions. However, for those who do not know how to swim, they should fulfill the obligation of dissuasion and rescue, and they should bear certain responsibilities due to the failure to perform their corresponding obligations or the imperfection of their performance.

1. If one of the friends who goes swimming together drowns and the other person is at fault for the death of the smoke, he shall bear the corresponding compensation within the scope of the fault, but if the other person is not at fault for the death of the smoke, he does not need to bear any legal responsibility for the drowning. 2. The relevant laws and regulations of the People's Republic of China Tort Liability Law, Article 6, provide that the actor shall bear tort liability for infringing on the civil rights and interests of others due to his fault, and the person who cannot prove that he is not at fault shall bear tort liability. If you admit that his drowning is none of your business, you will not be held responsible, and if you cannot prove it, then you will be liable for compensation.

I went swimming with my friend, and unfortunately my friend drowned and died, what is my responsibility?

Hello, the drowning person, as a person with full civil capacity, should be responsible for his own actions. However, those who are inadvertently envious of swimming should perform the obligation of dissuasion and rescue, and should bear certain responsibilities due to the failure to perform their corresponding obligations or the imperfection of their performance. 1. If one of the friends who goes swimming with him drowns and the other person is at fault for the death of the smoke, he shall bear the corresponding compensation within the scope of the fault, but if the other person is not at fault for the death of the smoke, there is no need to bear any legal responsibility for the drowning.

2. The relevant laws and regulations of the People's Republic of China Tort Liability Law, Article 6, provide that the actor shall bear tort liability for infringing on the civil rights and interests of others due to his fault, and the person who cannot prove that he is not at fault shall bear tort liability. If you admit that it is none of your business that he drowned, you will not be liable for anything, and if you can't prove it, then you will have to bear the corresponding responsibility and compensation.

If it is not the convener, and the necessary rescue obligations have been fulfilled, there is no need to be liable, otherwise, it needs to bear secondary liability, depending on whether there is any fault. If you want to know more about Song Xiangguo, you can also click on my avatar and consult one-on-one to answer in more detail for you, thank you for your understanding.

If it's the convener, but he didn't call him to come on his own.

Are you there. If he comes by himself, he is responsible for himself, and he is mainly responsible for himself!

In that case, how much is the compensation?

At? If you are not at fault, you do not need to pay compensation, and you are under the obligation to help. The specific amount should also be analyzed on a case-by-case basis, and the amount is uncertain.

Underage drowning companions are not responsible. If a minor swims together and drowns, the companion is generally not liable. Minors are persons with no capacity for civil conduct, and their parents are legal guardians, and they have the duty to educate, supervise, manage, and protect their children in accordance with law.

1. Who has a duty of care to the detached minors.

1. Adults and minors participate in activities together, and adults have the duty and obligation to take care of and protect minors who are separated from the custody of guardians and trustees in accordance with the law, and if they fail to fulfill sufficient safety precautions and subsequent rescue responsibilities, they will bear tort liability for losses suffered by others.

2. Parents, as the legal guardians of minors, should also effectively guardianship and educate their children to avoid tragedies.

Second, the child is drowning, who is to blame.

1. Participants who swim together in the wild have the obligation to take care of each other and rescue each other, and if the participants fail to fulfill the relevant obligations, they shall bear the corresponding fault liability for the damage of other participants.

2. The reservoir manager has the obligation to ensure that the water conservancy facilities are completed and the functions are intact, but does not have the obligation to ensure the safety of swimmers entering the reservoir.

3. If a minor goes to a reservoir to swim and accidentally drowns, the guardian shall bear the responsibility for the failure of guardianship.

3. If a minor swims together and drowns one, is the other person responsible?

1. If a minor goes out without authorization and dies by drowning, his parents, as guardians, should bear responsibility for ineffective guardianship. Other children who are minors are limited by their cognitive and civil capacity, and have no legal obligations to supervise, care and rescue each other, and are not liable for compensation for the drowning death of the child if there is no subjective fault or illegal behavior.

2. But after all, the children are playing with them, and the serious consequences of death, the guardians of other children should give appropriate compensation in a reasonable manner.

Legal basis

Civil Code of the People's Republic of China

Article 28: Adults who lack capacity for civil conduct or who have limited capacity for civil conduct are to serve as guardians in order by the following persons with guardianship capacity:

a) Spouse; 2) Parents and children;

3) Other close relatives;

4) Other individuals or organizations willing to serve as guardians, but with the consent of the residents' committee, villagers' committee, or civil affairs department for the ward's residence.