Analysis of Liability for Cultural Tourism Safety Accidents – Legal Interpretation by Shenzhen Lawyers
During the 2025 May Day holiday, in just five days, safety incidents such as helicopter crashes, rock collapses, and tour boat capsizing occurred. Safety precautions for cultural and tourism travel must be given top priority. There is no such thing as luck when it comes to safety, and negligence can be fatal. I. Administrative Documents Issued by Competent Authorities On April 30, the Office of the Work Safety Committee of the State Council and the Ministry of Emergency Management arranged and deployed safety prevention work for the May Day holiday. The meeting required that every effort be made to ensure the safety of public travel and outings, effectively guarantee the safety of important infrastructure, thoroughly investigate risks and hidden dangers in bridges, tunnels, slope roads, and other areas, and strengthen inspections, patrols, monitoring, and early warning during severe weather and peak traffic periods; firmly grasp traffic safety, implement detailed road traffic hazard investigations, and severely crack down on illegal acts such as "three overages and one fatigue" and trucks illegally carrying passengers; ensure tourism safety, thoroughly investigate hidden dangers in cable cars, ropeways, large amusement facilities, and other equipment, and consolidate territorial supervision responsibilities for internet-famous check-in spots and undeveloped scenic areas; strengthen safety guarantees for large-scale events, make solid emergency preparations, strengthen on-site safety control, and strictly prevent stampedes and other accidents. At the same time, the Provincial Work Safety Office reminded that during the Labor Day holiday, public willingness to travel is strong, various promotional and celebration activities are concentrated, and major scenic spots, shopping malls, hotels, markets, and expressways will usher in peaks of people and logistics. Safety risks in road transportation, fire protection, cultural tourism, and other industries and fields will increase. The following safety risk reminders for the May Day period are hereby issued: strengthen safety management of large amusement facilities and high-risk projects, carry out routine equipment inspection and maintenance, improve emergency plans, and study and formulate safety prevention measures; strengthen safety reminders for undeveloped and unopened areas and outdoor waters; follow staff management arrangements during outings, and carefully choose to participate in high-altitude, high-speed, water, and other high-risk tourism projects; do not arbitrarily go to undeveloped, unopened, or inadequately safeguarded areas for outings; choose regular travel agencies for outings, consciously resist "unreasonably low-priced tours," and ensure travel safety. II. Going One's Own Way: Who Is to Blame When One Puts Oneself at Risk? On May 4, a couple traveling at the Mount Tai Scenic Area in Shandong climbed over the guardrail to take a shortcut. As a result, they slipped, and both fell into a crack between cliffs. At the moment the woman slipped, the man held tightly onto her feet, thus avoiding a tragedy. Similar incidents of climbing over guardrails are common. For example, in 2024, a tourist crossed the guardrail to take photos and fell off a cliff. Bloody lessons always fail to wake those who pretend to be asleep. Putting safety behind one's mind: "Want to take a shortcut? You almost took a shortcut in life." III. What Do You Know About High-Risk Tourism Projects Such as High-Altitude, High-Speed, and Water Projects? 1. High-altitude projects High-altitude projects include skydiving, bungee jumping, rock climbing, and others. These projects take place at high altitude and carry relatively high risks. Improper operation or inadequate safety measures may lead to serious personal injury. 2. High-speed projects High-speed projects include roller coasters, go-karts, and others. These projects are fast and carry relatively high risks. Improper operation or inadequate safety measures may lead to serious personal injury. 3. Water projects Water projects include surfing, rafting, sailing, and others. These projects take place on water and carry relatively high risks. In sudden situations such as severe weather or rapid currents, they may lead to serious personal injury. 4. Diving projects Diving projects take place underwater and carry relatively high risks. Dangerous factors such as underwater currents and marine life may lead to serious personal injury. IV. Tour Boat Capsizing Accident at Baili Gallery Scenic Area in Bijie, Guizhou At around 16:40 on May 4, a tour boat capsizing accident occurred at the Baili Gallery Scenic Area in Huawu Village, Xinren Township, Qianxi City, Bijie City, Guizhou Province. According to the notice, the accident caused 84 people to fall into the water. At present, 83 people have been rescued and found, of whom 9 died after ineffective medical treatment. V. Reminders from a Safety Lawyer Relax your body while traveling, but do not relax safety precautions: 1. Pay attention to heatstroke prevention and cooling. Make preparations for heatstroke, lightning, and rain prevention during outings, and do not go to undeveloped, unopened, or inadequately safeguarded areas. Prepare sunshade and heatstroke prevention items and medicines in advance, and replenish water in a timely manner. 2. Raise safety awareness. When driving or riding in a motor vehicle or taking public transportation for outings, fasten your seat belt throughout the journey. For self-driving trips, check the vehicle condition and avoid fatigued driving and drunk driving. 3. Strengthen safety in water-related activities. When taking sightseeing boats, wear life jackets as required, and do not board sightseeing boats that are not equipped with necessary life-saving equipment. Wear life jackets when participating in water-related activities, and do not play in waters without safety guarantees. Carefully participate in water-related activities such as boating, rafting, snorkeling, and deep diving, as well as high-risk tourism projects such as high-altitude, high-speed, and adventure activities, and act according to your own physical condition. Learn safety tips in advance, follow the guidance of professionals, and do not take actions that may endanger your own safety or the safety of others. 4. Participate cautiously and act within your ability. When participating in high-risk tourism projects, effectively reduce safety hazards during travel by choosing suitable tourism projects according to personal factors such as age and health, participating in high-risk projects under professional guidance, and equipping safety equipment. Accidents always arrive unexpectedly. On the journey of life, we cannot predict every accident. We must always keep safety awareness in mind, engrave it in our thoughts, and apply it in our actions. Always keep the string of safety taut. When emergencies or special circumstances occur, let us respond calmly and write a chapter of safety. Motto: The wise are proficient in law, and the discerning value teachers. With a spirit of selflessness, seek depth in one's profession. Lawyer Li Zuolin, member of the Communist Party of China, lawyer practice certificate number: 14403202110325450. Specializes in criminal defense and work safety management. Since 2000, has worked at a certain government agency or public institution in Shenzhen. More than 20 years of work experience in Shenzhen has accumulated rich social connections and reputation. Specializes in corporate criminal crime prevention, work safety management, as well as administrative disputes, civil compensation, and other legal affairs. Currently serves as perennial legal counsel for multiple companies.