Compiled from: Ningbo Maritime Court, Zhejiang Tianping
 
Sea fishing, as an emerging sports and leisure activity, not only allows anglers to enjoy the thrill and fun of venturing out to sea but also brings commercial value to coastal fishing areas. However, dangers may arise during sea fishing. If an accident occurs, who should bear the responsibility? Let's find out through the following case.

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Case review
Li Mougen and Zhang Moumou, among others, were sea fishing enthusiasts. Starting in 2018, the two frequently arranged to participate in sea fishing activities together. On November 18, 2020, Zhang Moumou created a WeChat group, inviting Li Mougen, Chen Moumou, and Pan Moumou, the owner of a fishing supply boat from Xiangshan, among others.
 
In the early morning of November 21, 2020, Li Mougen, Zhang Moumou, and four others boarded a fishing boat driven by Pan Moumou and arrived at Yushan Island. The boat was affiliated with a sea fishing company. The six anglers were dropped off one by one from south to north along the island at their chosen fishing spots. Around 4:00 PM that day, the boat prepared to return. Pan Moumou picked up Zhang Moumou and four others from north to south, but upon reaching Li Mougen's spot, he was not found. After searching, Li Mougen was discovered floating face down on the water in a life jacket, already deceased.
 
In June 2021, four relatives of Li Mougen filed a lawsuit against Pan Moumou, the sea fishing company, and the other five sea fishing companions, including Zhang Moumou, at the Ningbo Maritime Court, requesting that the seven defendants jointly pay compensation for Li Mougen's death and other losses totaling over 1.79 million yuan.
 
 
[1] Court Opinion
After trial, the court held that Li Mougen and the other five sea fishing enthusiasts had formed a tourism service contract relationship with boat captain Pan Moumou and the affiliated company. As operators of the sea fishing industry, Pan Moumou and his affiliated company bore an appropriate duty of safety protection toward the anglers. However, this duty of safety protection should be determined within reasonable limits, taking into account the characteristics of sea fishing activities and the operators' ability to control hazards.
 
[1] The sea fishing spot in this case is located at Nanyushan Island in Xiangshan County, approximately 27 nautical miles from Shipu Port, with a boat journey of about 2-3 hours, and the sea conditions are complex and changeable. Additionally, large vessels passing through the open sea near the island can cause sudden and unpredictable swells. According to the records of the Zhejiang Coast Guard, on the day of the accident, the sea conditions near Nanyushan Island featured waves of 2-3 meters and winds of force 6-7. Furthermore, photos of the fishing spot provided by Pan Moumou and others show that the spot consists of uneven reefs, with an uneven and difficult-to-walk surface. In summary, it can be determined that sea fishing activities inherently involve considerable danger, and this danger source is not within the management or control of the sea fishing company or Pan Moumou.
 
[2] At the same time, tourism operators should remind tourists to purchase personal accident insurance. The sea fishing company and Pan Moumou failed to provide evidence that they had fulfilled this reminder obligation, and thus should bear corresponding responsibility.
 
[3] Considering the accidental nature of the incident in this case—namely, that the risk primarily stems from the sea fishing activity itself and is not within the control of Pan Moumou or the sea fishing company—and that there is no complete causal relationship between the tourism operator's safety obligations and the resulting damages, and that the insurance obligation is merely to remind Li Mougen to purchase insurance rather than to purchase it on his behalf, the court determines that the sea fishing company and Pan Moumou shall bear 10% of the liability for compensation in this case.
 
[4] Regarding the liability of the five fellow sea fishers, including Zhang Moumou and others, the court holds that the sea fishing activity involving Zhang Moumou and others, along with Li Mougen, was characterized by spontaneous organization, voluntary participation, and temporariness, constituting a temporary companionship relationship without any special organizational structure. The claim by Li Mougen's close relatives that the five fellow participants had unreasonable fishing spot and route arrangements, failed to provide necessary attention and care to each other, and were negligent in timely rescue lacks sufficient factual basis and reasoning, and the court does not support it. Furthermore, Zhang Moumou was merely the activity organizer and did not require other sea fishers to submit to his organization and management. He did not enjoy management rights in this activity nor profit from it, and was equal in status to the other sea fishers. The claim by Li Mougen's close relatives that Zhang Moumou should bear higher safety precautions and care obligations lacks legal basis, and the court does not support it.
 
[5] Regarding the determination of Li Mougen's own responsibility, the court holds that sea fishing is a leisure activity with relatively high risk, especially rock fishing, where the fishing spots are on narrow, slippery, and uneven reefs, compounded by variable sea conditions, particularly large swells around the reefs, which can easily cause people to slip, fall, or be swept into the sea. As a person with full civil capacity and many years of sea fishing experience, Li Mougen should have fully foreseen the risks of sea fishing activities and exercised the utmost duty of care for his own safety, and thus should bear primary responsibility for the accidental incident in this case.
 
 
Civil Code of the People's Republic of China
Article 1176 
[6] Those who voluntarily participate in cultural or sports activities with certain risks and suffer harm due to the actions of other participants shall not request other participants to bear tort liability; however, this does not apply if other participants have intentional or gross negligence in causing the harm.
 
 
[1] The author's perspective
A key point in this case is what we commonly refer to as "assumption of risk," meaning that if a tourist knowingly and voluntarily participates in an activity or project with inherent risks, they are deemed to have accepted the possibility of harm; if an accident resulting in personal injury or death occurs, the victim cannot claim compensation from the injuring party and must bear the consequences themselves.
 
In this case, sea anglers should be well aware of the risks involved in sea fishing. Before going out to sea, they should thoroughly prepare, fully anticipate the risks of the activity, exercise the utmost duty of care for their own safety, enhance self-protection awareness, take appropriate safety measures, and consciously follow activity rules to avoid causing harm to themselves or others. Additionally, as a sea fishing operator, one must sign contracts with anglers, fully inform them of the risks associated with sea fishing before departure, advise them to purchase personal accident insurance, and fulfill necessary safety obligations.