Court orders state compensation for girl's death on New Taipei river outing

New Taipei, Nov. 18 (CNA) The family of an underage girl who died after being swept into the Beishi River in New Taipei while on a nature outing has been awarded NT$168,000 (US$5,165) in state compensation after the New Taipei District Court determined the city government did not install sufficient up stream warning signs in the area.

The court ruling can still be appealed, the district court said in a statement released on Monday.

May 26: Court orders state compensation for man who died on Beishi River outing

The incident occurred on Oct. 16, 2021, when six people were swept away by the river during a guided group tour along the Hubaotan Historic Trail in New Taipei's Shuangxi District.

The tour was cut short due to heavy rain, and on the return journey two adults and four underage boys and girls 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.

The tour guide, surnamed Su (蘇), received a two-year prison sentence suspended for five years for negligence causing death at a district court in November 2022.

The family members of the deceased girl surnamed Tsai (蔡) filed a lawsuit with the New Taipei 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.

In response, the city government said it had posted "Danger Deep Water No Swimming" signs at many places along Hubaotan Historic 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 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 rather than take such rash action.

Therefore, the court ruled that New Taipei City government is liable to pay state compensation of NT$168,092 to Tsai's family.

The court considered the fact 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, according to the court statement.

Commenting on the case, Shuangxi District Office head Lin Yao-jie (林銚傑) told CNA that the city government "respects" the court's ruling and will consult with the city's Legal Affairs Department before deciding whether to file an 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 underage daughter. Both had died after being swept away by the river during the same guided group tour along the Hubaotan Historic Trail.

There is currently no information on whether the families of the other three deceased individuals -- a father and his underage daughter, and an underage boy -- will file for state compensation from the city government.