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Based on the accident report, how exactly should this liability be pursued?

2016-08-26View Original

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At around 3 p.m. on July 23, 2016, an incident occurred at the Beijing Badaling Wildlife World Co., Ltd. in Yanqing District (hereinafter referred to as Badaling Wildlife World), in which a Siberian tiger injured people, resulting in 1 death and 1 injury. On the day of the incident, the people’s government of Yanqing District established an investigation team for the accident caused by the Siberian tiger that resulted in injuries and deaths among tourists (hereinafter referred to as the investigation team). Led by the District Safety Supervision Bureau, this team was composed of representatives from various relevant departments, including the District Supervision Bureau, the District Federation of Trade Unions, the Yanqing Public Security Bureau, the District Human Resources and Social Security Bureau, the District Landscape Greening Bureau, and the District Tourism Commission; representatives from the District People’s Procuratorate were also invited to participate. Following the principles of \"scientific rigor, compliance with laws and regulations, seeking truth from facts, and emphasis on practical results,\" the investigation team conducted an on-site inspection of the location where the incident occurred in the Siberian tiger enclosure at Badaling Wildlife World, prepared detailed records of the site inspection, and collected 78 pieces of evidence, including documents related to the project’s approval and licensing processes, as well as various written and audiovisual materials ; Investigations and evidence collection were conducted on a total of 27 individuals involved in the incident or related to it, resulting in investigation transcripts totaling over 80,000 words ; I consulted a large number of literature materials, including the **standards for the classification and evaluation of the quality levels of tourist attractions, the breeding of Siberian tigers, *etc.** The investigation team also invited experts in zoology, medicine, and tourism to form 2 expert groups, which held 6 specialized meetings in total for research purposes. Based on a comprehensive consideration of evidence such as the parties’ statements, records of on-site inspections, witness testimonies, audio-visual materials, documentary evidence, and opinions from expert panels, the sequence of events was ascertained, their causes were analyzed, and the nature of the incident was determined. The relevant details are reported as follows: I. Basic information (1) Overview of Badaling Wildlife World 1. Business registration information. Beijing Badaling Wildlife World Co., Ltd. was registered on March 16, 1998. The residence is located in Shuiquangou, Chadao Village, Badaling Town, Yanqing District, Beijing ; Registered capital: 29.8 million yuan ; The business scope includes the breeding of wild animals, the handling of terrestrial wild animals, the display and breeding of wild animals, as well as the development of tourism projects. 2. Relevant approval status. (1) On December 3, 1997, the Planning Commission of Yanqing County approved the construction of the Badaling Wildlife World project. (2) On July 27, 1998, the **Forestry Bureau and the Beijing Forestry Bureau issued the **Permit for the Breeding of Wild Animals under Special Protection**, stipulating that the company must submit itself to supervision and inspection by the authorities in charge of wildlife. (3) On October 9, 2007, the Beijing Municipal Committee for Evaluating the Quality Grades of Tourist Attractions rated this scenic area as a AAA-level tourist attraction ; On April 23, 2010, the National Tourism Scenic Area Quality Rating Committee rated this scenic area as an AAA-level tourist attraction. (4) On April 17, 2002, the Badaling Wildlife World park introduced a self-driving tour service (**no administrative approval process was in place for such self-driving tours in wildlife parks, and there were no relevant industry standards). 3. Park safety signs and surveillance status. (1) The Badaling Wildlife World park is equipped with 135 safety warning signs and 167 directional signs. Contents of the warning sign: Animals roaming freely; keep windows and doors locked; getting out of the vehicle is strictly prohibited ; You have entered the wildlife area. Please close all windows and doors of your vehicle and drive carefully ; Cherish life, strictly prohibit getting out of the vehicle, etc. There is 1 safety warning sign installed on the security gate at the entrance to the Siberian tiger garden at the site of the incident, 11 safety warning signs are placed within the garden (located in prominent positions along the tour route at intervals of 30–100 meters), and 7 indicator signs are available. (2) A total of 106 surveillance cameras have been installed at Badaling Wildlife World. Among them, there is one surveillance camera each at the northeast and northwest gates of the Siberian Tiger Park; all of them are functioning properly. (II) Overview of the Siberian tiger park where the incident occurred 1. Conditions at the scene of the incident. The Siberian Tiger Park is located in the predator area of Badaling Wildlife World, adjacent to the Bengal Tiger Park to the east and the African Lion Park to the north. The various parks within the predator area are separated from each other by two security gates. The Siberian tiger enclosure consists of a free-roaming area and tiger cages, with the latter further divided into an outdoor courtyard and indoor iron cages for the tigers. The tour route of the park is U-shaped, with a total length of about 700 meters. The northeast gate of the park serves as the entrance, while the northwest gate is the exit; the operation of the safety doors is controlled by 2 staff members. The park is equipped with 2 patrol cars. The incident occurred 19 meters from the exit; it was a 6-meter-wide north-south asphalt road. To the west of the road, there was an earthen slope with a clear height of 9 meters and a gradient of 40–60 degrees; the top of the slope bordered the east wall of the tiger enclosure. 2. The situation of Siberian tigers in the Siberian tiger park. There are a total of 12 Siberian tigers in the Siberian Tiger Park. They are released into the enclosure in two groups based on their social groups, and are rounded up for feeding at around 5 p.m. On the day of the incident, 3 tigers were released in the viewing area for visitors to see, 7 tigers were in the courtyard outside the tiger enclosures, and another female tiger along with a cub were inside the iron cages of the enclosures. The three Siberian tigers involved in this incident are middle-aged male tigers with the same father but different mothers; they are in good health and being fed normally. 3. Daily tiger collection procedure. (1) After confirming that there are no tour vehicles in the park, the staff at the security gate of the Siberian Tiger Area notify the keepers at the Siberian tiger enclosure and the patrol vehicle to retrieve the tigers ; (2) The keeper opened the overhead door of the tiger enclosure; the patrol vehicle sounded its alarm and revved its engine, gradually driving the tigers in the courtyard into the iron cages within the enclosure. Then, the keeper closed the overhead door ; (3) After the keeper confirmed that the tigers in the courtyard were inside their cages, the patrol vehicle drove to the release area of the park, activated the alarm, and used loud noises to drive the tigers back to the courtyard of their cages, where they gradually entered them. II. Course of the incident and emergency response process (I) Sequence of the incident: At around 2 p.m. on July 23, 2016, Zhao drove a white Volkswagen Sagitar sedan (hereinafter referred to as the Sagitar) to the Badaling Wild Animal World, taking her husband Liu, her mother Zhou, and her 2-year-old son with her. Liu purchased 3 adult tickets and 1 vehicle ticket at a ticket checkpoint located near the color steel shed on the south side of the main entrance. The ticket inspectors verbally informed the car-parking tourists, including Mr. Zhao’s family, of various precautions such as the strict prohibition against getting out of the vehicle and feeding animals in the wild animal area, and distributed notices outlining these six prohibitions (no opening of windows, no getting out of the vehicle, no feeding animals, no bringing pets, no use of fire in the wild, and no driving under the influence or by those with heart conditions). Mr. Zhao also signed a liability agreement regarding vehicle damage incurred while visiting the Badaling Wildlife World by car, which included provisions stating the prohibition against getting out of the vehicle. At 14:17, the vehicle passed through the second ticket checkpoint to begin the tour. According to Zhao and Liu, when the vehicle reached the Wild World Tourist Park where visitors could get out to explore, Zhao switched places with Liu and Liu took over driving the Sagitar ; At 14:56, the vehicle, along with two other RVs, entered the Siberian tiger park through the entrance one after another. At 15:00:07–15:00:33, Liu parked the car in the middle of the asphalt road, about 19 meters away from the northwest exit of the Siberian Tiger Park. Zhao got out of the passenger seat and walked around to the front of the car. The driver of patrol car number 3, located about 13 meters in front and to the right of the Sagitar, noticed Zhao getting out of the car; he immediately used the car’s loudspeaker to warn him and urge him to get back into the car. At the same time, the two cars located at the left rear of the Sagitar sounded their horns as a warning. Then Zhao went around to the driver’s side door of the Sagitar and leaned sideways to look toward the back of the car. At this moment, the first tiger, which was on a platform about 13 meters to the west of the Sagitar, rushed behind Zhao, bit his back, and dragged him back to that platform; the other tiger on that platform attacked the right side of Zhao’s face. Liu got out of the car, walked a few steps forward before turning back. At 15:00:32, Zhou opened the left rear door and chased Liu to the bottom of the ramp leading to the platform. At 15:00:33, patrol car No. 3 sounded its alarm and sped onto the asphalt road to drive away the tiger. At the same time, use the walkie-talkie to call patrol car number 8 for support. Zhou went onto the platform and struck the tiger with his right hand, being bitten on the right side of his back by one of the tigers there. At this moment, the third tiger, located about 8 meters to the southwest of that platform, rushed over, bit Zhou on the left side of his skull, and shook its head, causing Zhou to stop struggling. (II) Emergency rescue and response process: At 15:01:14, the patrol vehicle numbered 8, also located in the Siberian Tiger Park, arrived at the scene to help drive away the tigers. Liu demanded that the driver of patrol car No. 3 get out of the vehicle to assist in the rescue efforts. In accordance with the “Safety Responsibilities for Drivers of Patrol Cars in the Predator Area” and the regulation prohibiting anyone from getting out of vehicles in the predator area, the driver ordered Liu to immediately get back into the car and leave the scene. At 15:02:26, Liu drove the car away from the Siberian Tiger Park. Subsequently, 4 patrol vehicles from adjacent parks arrived at the scene one after another to provide support, and guided the tour vehicles away from the Siberian tiger enclosure. From 15:06:02 to 16:43, keepers at the Siberian tiger enclosure, in coordination with a patrol vehicle, rounded up the 7 tigers in the enclosure’s courtyard and placed them into iron cages. Subsequently, they drove 3 tigers from the incident site back to the courtyard and also placed them into the iron cages. During that time, a white Jinbei vehicle carrying rescuers arrived at the Siberian tiger enclosure. From 15:16:43 to 15:19:22, rescue workers got out of the vehicle to provide assistance; however, no breathing or pulse was detected in Zhou ; It was found that Zhao had facial lacerations and was shouting. At 15:17, the rescuers called the emergency number 120. Since the 120 ambulance on duty was quite far from the scene of the incident, in order to gain precious time for rescue efforts, the rescuers quickly carried Zhao and Zhou into a Jinbei vehicle. At 15:22:27, the Jinbei vehicle departed from the Northeast Tiger Park. At 15:23, Liu, a staff member of the park, called the person in charge of the emergency center at Yanqing Hospital affiliated with Peking University Third Hospital (hereinafter referred to as Yanqing Hospital) and requested that preparations be made for emergency treatment. At 15:44, they were taken to Yanqing Hospital, where medical staff immediately divided into two teams to provide emergency treatment to Zhao and Zhou at the same time. According to the preliminary examination conducted at Yanqing Hospital, Mr. Zhou was unconscious, his breathing had stopped, his electrocardiogram showed a straight line, his pupils were dilated and fixed, his light reflexes were absent, and he had no vital signs. The injured area is an oblique skin laceration on the left occipital region, approximately 15 centimeters in length; exploration revealed involvement as deep as the atlantoaxial joint, with joint dislocation ; Oblique cutaneous laceration on the right neck, approximately 5 cm in length ; A skin laceration on the lateral side of the right elbow, approximately 3 cm in length ; No breath sounds heard in both lungs. During the rescue efforts for Mr. Zhou, measures such as electrocardiographic monitoring, sequential intravenous injections of adrenaline, and continuous cardiopulmonary resuscitation were taken. Until 17:12, Zhou still had no spontaneous breathing or heart rate, and the electrocardiogram showed a flat line; with Liu’s signature giving consent, the hospital stopped attempts to revive him. Zhao’s initial diagnosis was: a laceration on the right side of the jaw and face, extending deep into the mandible, with active bleeding ; Superficial lacerations of the skin on the head and neck, as well as superficial scratches on the back, chest, and buttocks; no significant active bleeding, with only slight oozing from the wounds ; Heart rate: 110 beats/min; blood pressure: 130/80 mmHg; respiratory rate: 23 breaths/min; body temperature: 36.8°C. Vital signs are stable. The preliminary diagnosis is: open injury to the right maxillofacial region, multiple soft tissue lacerations throughout the body, and multiple fractures to be determined. Four doctors from the Department of Stomatology, General Surgery, Orthopedics, and Emergency Surgery conducted a consultation. After the consultation, the doctors recommended that Zhao be transferred to Peking University Third Hospital for further treatment ; Before the transfer to another hospital, the doctors took several treatment measures, including applying pressure to stop bleeding from the wound, intubating the trachea, suctioning aspirated blood from the respiratory tract, administering sedatives and analgesics, and connecting an oxygen tube. At 17:40, Zhao was taken to Peking University Third Hospital by an ambulance. III. Casualties: A total of 1 person died and 1 person was injured in this incident. The details of the injured and deceased are as follows: Zhou, female, 57 years old, ID number: 34052119590810****, registered resident of Dangtu County, Anhui Province, and mother of Zhao. Died in this incident. Zhao, female, 32 years old, ID number: 34052119840621****, registered residence in Dangtu County, Anhui Province. In this incident, the person was bitten by a tiger; after receiving treatment at Peking University Third Hospital, they have now been discharged. IV. Determination of the cause: Through investigations and evidence collection, as well as the analysis of various pieces of evidence, and taking into account the opinions of the expert group, the investigation team has determined the cause of this incident as follows: The reason for this incident was that Zhao failed to abide by the rule prohibiting passengers from getting out of their vehicles in the wild animal area of Badaling Wildlife World; he ignored the warnings from the park’s management staff and other visitors, and got out of the vehicle on his own, which led to him being attacked by a tiger and injured. Secondly, after seeing his daughter dragged away by the tiger, Zhou was desperate to save her; he failed to abide by the rule prohibiting getting out of the vehicle in the wild animal area of Badaling Wildlife World, and his improper rescue attempts led to his death at the hands of the tiger. V. Determination of nature: Prior to the incident, Badaling Wildlife World gave oral notifications, distributed notices outlining the “Six Prohibitions”, and signed an “Agreement on Liability for Vehicle Damage during Self-Drive Entry into the Park” with Mr. Zhao. Along the route through the predator area, clear warning signs and directional signs were installed. After the incident, operations proceeded in an orderly manner, with prompt on-site handling and rescue efforts carried out. Based on the cause analysis, the investigation team determined that the incident on July 23 in which a Siberian tiger caused injuries to tourists did not constitute an accident resulting from failure to meet production safety requirements. VI. Recommendations: During its thorough and extended investigation into the incident, the investigation team found that in the daily management of Badaling Wildlife World, the system for training and assessment of employees was not fully implemented. There were issues such as training being conducted without corresponding assessments, and certain records of emergency drills being missing. The following suggestions are put forward: (1) Badaling Wildlife World should increase its efforts in providing safety information to visitors, strengthen awareness of such information, improve the quality of this communication, and innovate the methods used for dissemination, so as to raise visitors’ awareness of safety and potential risks and ensure that they remain vigilant throughout their visit. (II) Badaling Wildlife World must establish and improve safety management records, accurately document employees’ education and training activities, and perfect the relevant documentation pertaining to emergency drills. Industry authorities and local authorities **shall oversee the necessary rectifications. (III) Badaling Wildlife World should entrust a third-party institution with the appropriate qualifications to conduct inspections for potential hazards in various areas such as the safety equipment and facilities, daily management, safety protocols, and emergency response plans within the park. The third-party institution shall prepare a report, and the relevant authorities will oversee the necessary corrections and participate in the verification process. (IV) It is recommended that the Badaling Wildlife World adopt the advanced safety practices used in other wildlife parks in China, equip itself with sophisticated equipment, and further enhance its safety measures. “Investigation Team on the July 23 Incident Involving a Siberian Tiger That Caused Injuries to Tourists, August 24, 2016
Reply #22016-08-26
Doesn’t the zoo bear any responsibility? In that case, if an employee violates the regulations and causes an accident after the factory has signed a safety agreement with the employee ; The company may not be held liable ; debate
Reply #32016-08-26
The zoo is at fault; there are also safety officers at the construction site to prevent violations. A safety officer should be assigned to each vehicle.
Reply #42016-08-27
The zoo isn’t fully responsible, but since it’s an organization, it must pay to resolve the issue.

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