Background

Li signed a contract for a nine-day tour to the Three Gorges with a tourism company in 2010. During the Fulin section of the tour in Chongqing municipality, Li informed the tour guide of his not feeling well and gave up the original itinerary to stay on the ship. But he was later found to have worsened and was sent to hospital by other travelers. Li was diagnosed with cerebral infarction and died after medical aid was given. His seven relatives sued the tourism company and blamed it for failing to send Li to hospital in time, which directly led to delayed medical treatment and ultimately his death. They asked for 248,991 yuan ($39,041) in death compensation and medical costs.

Ruling

The court held that Li and the tourism company had established a contractual relationship. The company's tour guide didn't ask for reasons behind Li's discomfort or take immediate measures, such as sending him to hospital, so the company should bear some responsibility for Li's death in that it missed the best time for treatment. However, Li was travelling alone at the age of nearly 80 and failed to take any necessary self-protection measures when the illness attacked. He too was in part responsible. The court ruled that the company was 30 percent responsible and should compensate the relatives with 56,724 yuan.