Should the reservoir manager take responsibility for the drowning children in the reservoir?

If a child falls into the water and drowns in the reservoir, if there is a warning sign in the reservoir, but it is not closed when it should be closed, then the manager of the reservoir should bear the responsibility. If the reservoir has no warning sign and is not closed when it is time to close, then the responsibility of the reservoir manager is greater; We need to analyze the actual situation to see if we have fulfilled our corresponding obligations.

Legal analysis

According to relevant laws and regulations, the reservoir belongs to state-owned water conservancy projects such as flood control, drainage, tidal resistance and drought resistance. All water sports and recreational activities are prohibited. In addition, there are warning signs around the reservoir, such as "Danger of water depth is forbidden", "No bathing, fishing and drowning prevention". Swimming in the reservoir proves that children have a certain awareness and ability to distinguish right from wrong and protect their own safety. They should foresee the danger of bathing in the water, ignore the warning contents of many warning slogans and signs, and take a bath without authorization, which directly leads to the consequences of drowning and should not be liable for compensation. As the guardian of the child, he failed to fulfill his guardianship duties, protected the personal safety of the ward, and took the main responsibility for the accident. In any case, parents' responsibilities cannot be shirked. After all, they are minors and need the care of guardians. If there are no warning signs around the reservoir and the reservoir manager does not remind the children not to go into the water, the reservoir manager should bear the responsibility, based on the fault principle in civil law.

legal ground

Article 165 of the Civil Code of People's Republic of China (PRC) * * * If the actor infringes upon the civil rights and interests of others through fault and causes damage, he shall bear the tort liability. If the actor is presumed to be at fault according to the law and cannot prove that he is not at fault, he shall bear tort liability.

Article 105 When a natural person's right to life, body and health is infringed upon or is in other dangerous situations, an organization or individual with legal obligation to provide assistance shall provide timely assistance.