Introduction
The New Taipei District Court has awarded NT$168,092 (approximately US$5,165) in state compensation to the family of an underage girl who tragically died after being swept away by the Beishi River during a nature outing in October 2021. The court ruled that the New Taipei City government was negligent in failing to provide adequate warning signs and safety measures at the Hubaotan Historic Trail. This decision brings attention to the importance of improving safety measures in public recreational areas.
The Incident and Court Ruling
On October 16, 2021, a group of six people, including two adults and four underage children, were on a guided tour along the Hubaotan Historic Trail in Shuangxi District when a fatal accident occurred. As the tour was nearing its end, the group attempted to cross a swollen section of the Beishi River at a check dam. Unfortunately, they were swept away by the strong current. All six individuals later drowned, including the girl, Tsai (蔡), who was underage.
The incident led to a legal battle, with the family of Tsai filing a lawsuit against the New Taipei City government, arguing that the local authorities had failed to install sufficient warning signs or safety equipment at the river crossing. The court agreed with the family’s claim, stating that the government was liable for the lack of warning signs and life-saving measures in the area.
Key Points of the Court Ruling
- Compensation Award: The court awarded Tsai’s family NT$168,092 in state compensation.
- Government Liability: The court found the New Taipei City government liable for the girl’s death due to insufficient warning signs around the river.
- Tour Guide’s Role: The tour guide, Surnamed Su (蘇), was previously sentenced to two years in prison (suspended for five years) for negligence.
- Family’s Claim: The family initially sought NT$850,000 for state compensation, citing a lack of safety precautions and failure to prevent the group from crossing the dangerous river.
Safety Concerns and Government Response
The family of the deceased girl argued that the New Taipei City government had not installed adequate warning signs at the site, especially near the check dam where the accident occurred. In their defense, the city government stated that the trail had general danger warnings in place, including signs that read “Dangerous Deep Water – No Swimming”. However, these notices were not placed in proximity to the specific danger area—the river crossing point.
The court emphasized that the government’s failure to install adequate signage near the crossing point contributed to the tragedy. The court also noted that if there had been proper warnings or life-saving equipment in place, the victims might have been more aware of the risks and taken a safer route.
The ruling follows a similar decision in May 2023, where a Keelung court awarded NT$2.65 million in compensation to the family of another man and his child who died in the same incident while crossing the Beishi River.
Table: Summary of Court Rulings and Compensation Amounts
| Incident | Location | Number of Victims | Compensation Awarded | Government Liability |
|---|---|---|---|---|
| Tsai family lawsuit | Shuangxi District, New Taipei | 1 underage girl (Tsai) | NT$168,092 | Lack of warning signs at the river crossing |
| Chung family lawsuit | Hubaotan Historic Trail, New Taipei | 2 victims (man and child) | NT$2.65 million | Lack of safety measures on the trail |
| Total compensation awarded (as of now) | NT$2.82 million |
FAQ: Frequently Asked Questions
1. What happened during the incident on the Beishi River?
On October 16, 2021, a group of six people, including four children, were swept away by the Beishi River during a guided tour in New Taipei. The group tried to cross a swollen section of the river at a check dam after heavy rain, but the strong currents swept them away, resulting in all six victims drowning.
2. How much state compensation was awarded to the girl’s family?
The New Taipei District Court awarded NT$168,092 (approximately US$5,165) in state compensation to the family of the deceased girl.
3. What was the reason behind the compensation ruling?
The court determined that the New Taipei City government was liable for the girl’s death due to insufficient warning signs and life-saving measures around the river. The city failed to install adequate signage near the crossing point, which contributed to the accident.
4. Did the tour guide face any consequences?
Yes, the tour guide, Surnamed Su (蘇), was sentenced to two years in prison, suspended for five years, after being convicted of negligence causing death in a district court ruling in November 2022.
5. Have other families sought compensation for the river accident?
Yes, the families of other victims, including a father and his daughter, also filed for compensation. A similar ruling in May 2023 saw a NT$2.65 million payout to the family of Chung (鐘), who also lost their lives in the same incident.
Conclusion
This case highlights the urgent need for improved safety measures in popular recreational areas, particularly in locations with potential hazards such as rivers. While the New Taipei City government has acknowledged the court’s ruling, the family’s pursuit of justice serves as a reminder of the crucial importance of public safety measures and proper signage to prevent such tragic accidents.
For more updates on legal decisions and safety protocols, visit CialisWeb.
