The family of a girl who died after being swept into the Beishi River (北勢溪) in New Taipei City while on a nature outing has been awarded NT$168,000 (US$5,182) in state compensation, after the New Taipei City District Court determined the city government did not install sufficient warning signs in the area.
The ruling can be appealed, the court said in a statement on Monday.
The incident occurred on Oct. 16, 2021, when six people were swept away by the river during a guided group tour along the Hubaotan Old Trail (虎豹潭古道) in New Taipei City’s Shuangsi District (雙溪).
Photo courtesy of the Shuangsi District Office
The tour was cut short due to heavy rain, and on the return journey, two adults and four children in the group were swept away as they attempted to cross the swollen Beishi River via a check dam.
All six were later found dead by rescuers.
A district court in November 2022 sentenced the tour guide, surnamed Su (蘇), to a two-year prison term suspended for five years for negligence causing death.
The family members of the deceased girl, surnamed Tsai (蔡), filed a lawsuit with the New Taipei City District Court, seeking state compensation for her death.
They argued that while the area around the dam was open to the public, the New Taipei City Government had failed to install any warning signs, public alert warning systems or life-saving equipment, which highlighted the local government’s poor management of public facilities.
As such, the family sought compensation of NT$850,000 from the city government.
The city government said it had posted “Danger Deep Water, No Swimming” signs at many places along Hubaotan Old Trail, arguing that there had never been any accidents involving visitors falling into the water when crossing the dam.
The main cause of the accident was Tsai and others engaging in adventure activities, and the tour guide failing to indicate the danger of crossing the dam or stop them from doing so, the city government said.
The New Taipei City District Court held that the city government placed noticeboards quite far from the dam and those notices did not mention the dangers of crossing the river.
It added that if the local government had installed warning signs and life-saving equipment, Tsai and others would have been more alert to the danger and chosen a safer route or waited where they were.
Therefore, the court ruled that New Taipei City Government was liable to pay state compensation of NT$168,092 to Tsai’s family.
The court considered that Tsai’s family claimed more than NT$610,000 in compensation for funeral expenses and NT$3 million for pain and suffering, determining NT$1.5 million for pain and suffering to be appropriate.
After the tour company and Su paid a total of NT$1.95 million in compensation to Tsai’s family, the New Taipei City Government was ordered to pay NT$168,092 in compensation, the court said.
Shuangsi District Office head Lin Yao-jie (林銚傑) said that the city government respects the court’s ruling and would consult with the city’s Legal Affairs Department before deciding whether to appeal.
The court’s decision followed a Keelung court’s ruling in May, which awarded NT$2.65 million in state compensation to the family of a man surnamed Chung (鐘) and his son.
Both had died after being swept away by the river during the same guided group tour along the Hubaotan Old Trail.
There is no information on whether the families of the other three deceased people — a man and his daughter and an boy — are to file for compensation from the city government.
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