Young girls sit slide car accident caused ten level disability

1 yuan insurance can compensate how many money?

Newspaper reporter Lin Jing

   Two years ago, is about 18 years old, facing the entrance girl Li Xiao (a pseudonym) to a park in Beijing in autumn, but sit slide car down the mountain, the corner there is a block of stagnation, the person on the car is with the guide to enjoy the scenery pictures. Li Xiao didn't pay attention to, the result two car Peng Peng, Li Xiao face is blood, after being diagnosed with "the maxilla, zygomatic fracture". Two times she in hospital operation treatment, a total of 20 Yu Tian, spent more than 40000 yuan of medical expenses, the expenses by slide company to advance. Last year, after identification, Li Xiao injury were assessed for 10 disabled.

After Li Xiao was in pain: "chute bend without warning signs, also didn't arrange staff tips and guidance on after the car, causing me to hurt. Park and ramp company should compensate. In addition, in addition to slide way ticket, I press slide company required to spend 1 yuan to buy the insurance, and received a certificate of insurance the insured amount of 55000 yuan, the medical insurance fund 5000 yuan, death and disability insurance 50000. So I should receive 50000 insurance."

This park that: "Li Xiao sat slide by slide injured, should the company for compensation."

The insurance company said: "in accordance with the related provisions, only 7 disabled to compensate 10%, while the insured Li Xiao only reached 10 disability level, does not meet the conditions of claims."

"Our children have been identified as disabled, but the insurance company is not paid, the insurance money to buy the single is not a waste!" Li Xiao's family said angrily.

Li Xiaojing Chen Zhihui lawyers litigation, culminating in the court mediation, the ramp company all the burden of 4 yuan medical expenses, compensation for the loss of 100000 yuan. In addition, Li Xiao received the insurance claims 10000 yuan.

Jointly and severally liable park not obligations

Beijing Lidun Chen Zhihui law firm lawyers think, slide, no warning signs in the chute bend, in forward block retention situations, not arrange staff safety tips and guidance on after the car, causing the injured tourists. As managers, ramp company did not inform the risk visitors the slideway project, also did not provide the security necessary, not to the basic security entertainment operators obligations, there is an obvious fault, to cause bodily harm, according to the Supreme People's court, the relevant judicial interpretations and "consumer protection law" provisions, he shall bear the liability for compensation. At the same time, visitors take the slideway, high-speed recreational facilities is highly dangerous and easy to cause the damage of visitors, according to the "general rules of the civil law" provisions, as a special type of infringement, we should apply the principle of liability without fault, only resulting in damage attributable to the victim's case, the infringer can exemption.

Park Management Office as a park management, the park also has facilities management, maintenance responsibilities, even if the slide by others with contracted, also cannot dispense with the project to provide visitors with the safety guarantee obligation, therefore also shall be jointly and severally liable and ramp company.

Should pay "delay learning loss" compensation

Chen lawyers think, in general, adult victims can get lost wages and other compensation, but to Li Xiao such underage victim, injured in hospital operation treatment, rest a few months, the serious influence on learning. Especially for the victims in the life the most crucial stage of studying the college entrance examination, the accident is caused to the extra pay in tuition fees and extra fees losses academic investment, the infringer shall refer to the annual tuition, and Beijing city at present remedial cost per hour and the victim Xiuzhi time, proper, the corresponding compensation.

The insurance company should compensate the unknown clause

1 yuan of insurance, printing is very simple. The first "terms of use" marked for "Peoples Insurance Company of China tourist attractions and places of entertainment, personal accident insurance clause", also no longer below.

Refer to the terms stated in the appendix, found below the 7 level disability grade shall not be entitled to insurance compensation. According to the people's Bank of Chinese authority is issued in July 11, 1998 but still effective "personal insurance disability degree and the insurance payment proportion table".

For ordinary tourists, the vast majority of people is not easy or difficult to check the relevant provisions.

Chen lawyers think, insurance exemption clause is not clear obligations, shall be null and void, the insurance company shall undertake the insurance liability. The format of the contract is not agreed or agreed on how to compensate for the unknown circumstances, unfavorable explanation rule should reference format terms, both according to general understanding or by the favorable to the insured party interpretation, shall be in accordance with the general damages disability compensation standard, fixed payment of insurance compensation 49450 yuan to 50000 yuan range.

The court did not support the insurance companies to "break" reasons, but did not support the "full compensation" reason, in addition to a standard compensation standard of compensation and personal injury shall be determined according to the principle of fairness, disability compensation amount is 5000 yuan, plus the medical fee ceiling of 5000 yuan, the total insurance compensation the amount of 10000 yuan.

Lawyers recommendations focus on tourism risk prevention

Chen lawyer advised when we travel, risk response tourism environment or equipment to produce the basic knowledge, especially the risk coefficient larger high-speed, high-altitude entertainment project, don't make completely its security obligations to the manager, don't even think to buy insurance, went into the All is well., no danger of anything going wrong "safe". Their awareness of safety is always a string of lax can not go out tourism.

[(Beijing Evening NewsHttp://bjwb.bjd.com.cn/html/2010-09/08/content_315284.htm)]