The eighty-year-old father suffered from depression and committed suicide by throwing himself into the lake in the closed park, and Ms. Rong of Jingzhou, Hubei Province, could not help but question: "There was negligence in the management of the park, and I failed to dissuade my father from entering the park in time." ”
In this regard, the staff of the Sanguo Park in Jingzhou City, Hubei Province, replied in an interview with xiaoxiang morning newspaper (weChat: xxcbbaoliao) reporter that on the day of the incident, security personnel had been dissuaded, because the park could not be completely closed, it was impossible to prevent this matter.
Liu Kai, a lawyer at Beijing Zhongwen (Changsha) Law Firm, believes that the key to whether the park management party is responsible lies in the cause of drowning. If the park adopts reasonable safety tips and protective measures, and there is no fault for the rescue measures not being timely, there is no need to bear the liability for compensation for the death of Ms. Yung's father.
The depressed old man committed suicide by throwing himself into the lake
On October 19, Ms. Rong, a citizen of Jingzhou, introduced that her father, who was over eighty years old, served as the director of the office of the supply and marketing system before retiring.
Because when he lived in the home of his youngest daughter Ms. Rong this year, the old man had undergone several surgeries due to cataracts and other diseases, his vision was affected, he could not go out to play cards as before, and he was depressed, "At first we thought he was depressed caused by mild Alzheimer's disease, but later we learned that it was not." ”
Ms. Rong recalled that in August, after her father was diagnosed with severe depression by the Jingzhou Mental Health Center, her mother followed her father step by step. Sometimes my father would say something like "I don't want to live when I'm old", but I never put it into action, and my family did not go to my heart.
The accident still happened on the morning of September 15. At about 7 o'clock in the morning, my mother was eating breakfast and my father was going out calmly. By 8 o'clock, my father did not return home. The mother reacted and went out to look for a circle, but there was no trace of her father.
"My mom suddenly remembered that my father had mentioned Three Kingdoms Park once." Ms. Yung said that her distraught mother suddenly remembered a free park near her home for citizens to relax, and her father once said that many people in the park lake were fishing, and if they fell, they would not be rescued.
Ms. Yung said her sister and mother quickly rushed to the park. The Three Kingdoms Park is in the maintenance period, and the public announcement said that from April 1, 2021 to April 1, 2022, the park will be closed, and the public will not be allowed to enter the gate, and the mother who wanted to go in early for exercise was also stopped.
On the day of the incident, after interceding with the staff, the mother was able to enter the park to find her father. There were two or three tourists fishing at the time, and my mother saw my father's crutches at the lake, "I later heard that he was still sitting by the lake for a while." ”
At about 10 o'clock that day, the staff pointed to a corner of the lake, "people floated up", and the mother saw the body of her father. Subsequently, the alarm was called 110. The police eventually issued an appraisal of the father's unnatural death to her mother.
After that, Ms. Yung's family tried to communicate with the park, asking the park to make a reasonable explanation on why the elderly could enter the park that was closed for maintenance, and no one stopped them, but no one responded positively, "No one has apologized to us." ”
"My father was timid and afraid to die!" Ms. Rong said that her father is a 60-year-old party member, and he is more cheerful and optimistic in his life, otherwise he would not have undergone multiple surgeries, and it was difficult for her to accept that his father really went like this.
Can I still enter the park during the closed period?
After her father was cremated, Ms. Yung's family found the tricycle driver who took her father to Sanguo Park on the day of the incident, and the driver confirmed that when he sent the old man to the park that morning, the park gate was open and unattended.
This can't help but make Ms. Yung's family question the management negligence of the park, "My father has bad legs and feet, if the park staff can prevent him from entering that morning, he can only let the driver return to the same way, or my mother can arrive later, will strictly guard him, there will be no such tragedy." 」 ”
Disappointed, on October 8, my sister and my mother went to the relevant departments of Jingzhou District of Jingzhou City to report the problem. The Jingzhou District Housing and Urban-Rural Development Bureau, which was assigned to coordinate the handling of the matter, signaled the head of the security section of Sanguo Park and a person in charge to communicate with Ms. Yung's family at the bureau.
Ms. Rong said that it is difficult for the whole family to accept that the person in charge of the park not only believes that the old man is not responsible for committing suicide, but also said that "why does your family not look favorably on the old man, it is to blackmail money", which greatly stimulates the elderly and sick mother.
"From beginning to end, we didn't make a claim to the park, we just wanted an explanation." Ms. Rong said that after the failure of coordination that day, the Jingzhou District Housing and Construction Bureau suggested that Ms. Rong's family take the judicial route. Until October 19, no one had contacted their family.
On the afternoon of October 19, Mr. Mao, the tricycle driver carrying Ms. Rong's father, told Xiaoxiang Morning Post (weChat: xxcbbaoliao) reporter, "On the same day, I took Ms. Rong's father to Sanguo Park, arrived at the destination, and when I dropped off the elderly, the park gate was unguarded. ”
"Something like this happens every year"
On the morning of October 20, a reporter from Xiaoxiang Morning Post contacted The Three Kingdoms Park about the matter, and a staff member surnamed Huang in the park office responded, "The security guard has dissuaded the elderly from entering the park." ”
According to the staff member, according to the information he had, on the day of the incident, the tricycle on which the old man was riding was followed by the car of a park staff member who went to work. There are two units in the park, as well as maintenance and construction personnel, and there are more staff on the work, which is difficult to distinguish.
After the old man entered the park, he was found by the security guard, the security guard came forward to dissuade him, asked him to leave the park, and led the way in front, the old man agreed to leave the park, but the movement was slow with crutches, and the park gate was more, and the security guard did not care which gate the old man left the park from, "Where do you know that an old man will not be able to open in the morning." ”
Later, when Ms. Rong's family came to the park to look for people, the park staff found a floating old man's walking stick on the lake, and found a small knife, and later learned that the old man had cut his wrist before throwing himself into the lake, "Cut 5 knives, it is a heart that must die." ”
The staff member also said that before Ms. Rong's family went to the district housing department to reflect the problem, they had never contacted the main leaders of the park to communicate, "Every time they came, they were looking for general staff in the concierge to talk about the situation." ”
"They came back and wrote some instructions." The staff member said that he did not understand the coordination between Ms. Rong's family and the park leader in the district housing department, but the park issued a situation statement, although they have not contacted Ms. Rong's family so far, but if Ms. Rong's family comes to the park to communicate, they will still receive, "We also feel very sorry." ”
"We posted a notice for visitors at the gate, and we also announced the reconstruction of the park through the media... But full closure is impossible, the door is open during commuting hours, and the engineering vehicles in and out cannot be managed. He also revealed that because the park has the ancient city wall of Jingzhou in the Three Kingdoms period, which is connected with the inner ring road, 70% of the places have no walls, and it is impossible to completely control and avoid outsiders entering the park, so there are several incidents every year similar to tourists entering the park and accidentally falling into the water. ”
He said that the park can only strengthen security patrols, the park management is more stringent, now anyone entering the park must be registered, non-staff are not allowed to enter the park.
"He (the old man) did not die by accident, and no one can stop a person who is bent on dying." On October 20, a reporter from Xiaoxiang Morning Post (WeChat: xxcbbaoliao) contacted the Jingzhou District Housing and Construction Bureau on this matter, and a staff member said that according to his understanding, the staff of the park side dissuaded and also set up a warning sign, "The only thing to do is not to follow the persuasion all the time." However, he does not understand the specific details and will reply after asking the leader. As of press time, this reporter has not received a reply.
Lawyer: The key to whether the park is responsible lies in the cause of drowning
Liu Kai, a lawyer at Beijing Zhongwen (Changsha) Law Firm, believes that the key to whether the park management party is responsible lies in the cause of drowning. If the park management fails to fulfill its safety and security obligations, resulting in Ms. Yung's father slipping into the water and drowning, in this case, the park manager shall bear certain liability for compensation.
Ms. Rong's father, as a person with full capacity for civil conduct, if he jumped into the lake and drowned, he did not lose his footing and fell into the water, and the park management took reasonable safety tips and protective measures, which did not have the risk of slipping and drowning for tourists who were generally cautious, and there was no fault that the rescue measures were not timely. Then, the park management is not at fault for the accident, and there is no need to bear the liability for compensation for the death of Ms. Yung's father.
Xiaoxiang Morning News reporter Chen Si