A woman suffered an accident after following a popular travel guide online. Who is responsible for accidents that happen during travel?
Hiking, mountaineering, and other outdoor recreational activities are increasingly popular, and many "hidden gem" hiking guides labeled as such gain traction on social media. However, these guides often conceal hidden safety hazards. Not long ago, a woman in Beijing followed one of these popular hiking guides and unexpectedly encountered an accident.
A woman encountered an accident while hiking according to a popular online guide.
Not long ago, a woman saw a hiking guide online claiming that there was a route in Fangshan District, Beijing, that was only 6.5 kilometers long and so easy that "even a child could walk it." Believing it to be true, she went hiking alone that afternoon. Once in the mountains, she discovered that the actual trail conditions were vastly different from the guide's description. The path was almost completely obscured by vegetation, and turning back was equally dangerous. Reluctantly, she continued on. By evening, rain and fog rolled in, reducing visibility to less than 5 meters. The woman had not brought any emergency equipment such as a headlamp or flashlight and quickly lost her way, finding herself in a dangerous situation.
In a moment of crisis, she called the local rescue team. Fifteen rescuers braved the rain to search the mountains. After a seven-hour overnight rescue operation, the trapped woman was finally rescued at 3 a.m. the next day.
According to rescuers, the route where the woman got stuck is widely recognized in outdoor communities as a high-difficulty, high-risk off-the-beaten-path mountain trail. However, after being embellished and presented on social media, it was transformed into a "beginner-friendly" route. This woman's experience is not an isolated incident; there have been multiple cases in various locations where novice hikers have been misled by false information and ended up trapped after venturing into the mountains.
When hikers encounter danger due to blindly trusting online guides, how should liability be determined? Experts say that as individuals with full civil capacity, hikers should make rational judgments about their own actions and potential consequences, and generally bear primary or even full responsibility.
Shi Jiayou, Professor of Law at Renmin University of China: Everyone is primarily responsible for their own safety, so they must fulfill their due diligence obligations. For example, they must consider whether they are aware of the risks involved in their activities and whether they have conducted basic risk assessments. If they have not fulfilled their due diligence obligations for their own safety, they should obviously bear the responsibility.
Regarding whether the publishers of hiking guides should bear legal responsibility, experts believe that it is necessary to comprehensively determine the matter based on multiple factors, including the publisher's identity, purpose of publication, whether there was profit involved, and subjective fault.
Professor Shi Jiayou of the Law School of Renmin University of China: It depends on whether the person is an ordinary individual, an outdoor blogger, or a professional commercial organization. If it is based on commercial purposes, such as an organization, then the responsibility is obviously heavier.
Wang Yegang, Professor of Law at the Central University of Finance and Economics: Regarding the determination of fault, especially for online influencers with a large following and whose information has a wide impact, their duty of care and due diligence should be even higher. If an influencer posts a hiking route and knowingly fails to disclose the associated risks, they have failed to fulfill their most basic duty of care and should bear tort liability according to law.
Reporters' investigations have revealed that some travel guides on social media platforms are promoting undeveloped wilderness areas as hiking routes, which has led to dangerous situations.
A while ago, during a hiking event organized by an outdoor organization in Beijing, three guides and 42 hikers became trapped in the deep mountains near Yinniuqu in Hebei Province. They were not rescued until the early hours of the following day. It is understood that Yinniuqu is an undeveloped, wild mountain area, and the local government had issued a notice as early as July 8th of this year prohibiting hiking in the area during the main flood season.
However, on September 7th, a search of social media platforms revealed numerous posts recommending hiking along the "Yinniuqu" trail. Some posts touted it as a "new favorite for hiking in Beijing" and the "ceiling of hiking in the Beijing suburbs," claiming that "even beginners can hike the 11km loop." Many of these posts were published after the notification notice was issued on July 8th. Experts warn that platforms may also bear corresponding legal responsibility if they fail to properly handle such content.
Wang Yegang, Professor of Law at the Central University of Finance and Economics: If social media platforms know or should know the relevant routes, there is a significant risk. In such cases, they should proactively take reasonable measures such as deleting, blocking, and disconnecting links. Those who fail to take such measures will also bear joint liability.
Traveling with strangers carries potential risks and hidden dangers.
Besides inaccurate travel guides from online influencers, finding travel buddies online is also very popular. "Travel buddy socializing" is favored by many young people. On one social media platform, topics related to "travel buddies" and "hiking buddies" have garnered over 1 billion views. However, behind this seemingly wonderful practice of finding travel companions, there are also hidden risks and hidden dangers.
Recently, the topic of "one person controlling 100 accounts to lure fellow travelers to Xinjiang" trended on Weibo, raising concerns about the safety of strangers traveling with others. Back in October of last year, 252 hikers illegally crossed the high-altitude Tiger Gully area of the Qilian Mountains in Qinghai and became trapped. The area is characterized by high altitude, low temperatures, and treacherous terrain. Multiple departments conducted nearly 72 hours of emergency search and rescue operations, safely transferring 251 of the trapped hikers. One person tragically died due to altitude sickness and hypothermia.
Subsequent investigations revealed that the hikers came from all over the country, many of them young people and novice hikers, and the vast majority were strangers to each other beforehand. They gathered temporarily through hiking invitations posted on social media platforms, and rashly entered high-risk areas without understanding the actual difficulty of the route, ultimately leading to the accident.
Many netizens are wondering whether their travel companions have a legal obligation to provide assistance in the event of an accident while traveling with strangers. Experts have provided an explanation.
Professor Shi Jiayou of the Law School of Renmin University of China: An ordinary travel companion is also a participant; he is neither the initiator nor the organizer, and he has no intention of attracting traffic or making commercial profits. In this case, he has no obligation to guarantee safety. Only in emergency situations might he have a reasonable duty to provide assistance. If one party encounters danger during a trip, he should promptly call the police for help.
Experts warn that a companion's prior actions can lead to a duty of rescue. If a companion's previous actions have placed their companion in a dangerous situation, they are obligated to provide assistance. Ignoring such actions may constitute an infringement of rights through omission.
In addition, the trip initiator who leads the route planning and gathers participants is required to fulfill corresponding safety obligations because they have the dominant power over the trip.
Wang Yegang, professor at the School of Law of the Central University of Finance and Economics: If the organizer fails to fulfill his safety obligations, for example, if he fails to consider weather changes that cause participants to suffer from hypothermia, or if he does not prepare sufficient rescue supplies or call for help in a timely manner, then he has failed to fulfill his safety obligations and should bear tort liability.
Improve industry rating standards and strengthen supervision.
Blindly trusting online travel guides and hastily making friends with strangers can create safety hazards. Ensuring outdoor safety and reducing accidents requires the joint efforts of individuals, industries, and platforms.
Experts remind outdoor enthusiasts not to blindly copy online travel guides. They need to carefully verify the route's difficulty, rescue facilities, and other relevant information, avoid undeveloped and remote areas, and not be misled by online filters and beautification. Be vigilant when finding travel companions; do not rashly form partnerships based solely on online communication, and try to avoid traveling alone with complete strangers. If you do choose to travel, try to fully understand the other person's background, check for destination warnings in advance, prepare emergency supplies, and inform family and friends of your itinerary and location. At the same time, maintain a balanced mindset; do not blindly pursue niche or thrilling experiences. Seek help immediately in case of danger, and never take risks with a sense of complacency.
To address issues such as inaccurate travel guides from online influencers, potential dangers or scams encountered while traveling with companions, experts suggest that relevant industry associations should improve rating and assessment standards and strengthen oversight.
Wang Yegang, professor at the School of Law of the Central University of Finance and Economics: We can classify and categorize relevant organizations, especially commercial ones, that organize hiking trips, or conduct credit ratings. Those that violate regulations by organizing hiking activities can be downgraded or prohibited from organizing related activities.
Experts also suggested that social media platforms can leverage artificial intelligence technology to strengthen the review and guidance of posting entities, and provide warnings for relevant posts by setting risk keywords or text labels, thereby increasing the verification of illegal and risky information and promptly removing and cleaning up false and illegal content.
Wang Yegang, Professor of Law at the Central University of Finance and Economics: Platforms can also implement preventative measures. For example, if relevant entities publish hiking routes, the platform can require the publishers to register their information or specify any potential risks when publishing such routes. (Source: CCTV News)

