Keywords

Loose partnership; personal injury or fatality at sea; the principle of fairness

Case Overview

Wang, Luo and Ma were friends. Wang had engaged with others in underwater fishing for many times. The operation was a group work: one person stayed on board to keep watch, and the other two worked underwater with diving apparatus and fishing gears. For most of the time, Wang and Ma were the divers and the watchkeeper varied over time. The catch for each operation would be sold and the proceeds would be evenly shared by the trio. On the evening of June 30, 2023, Wang called and invited Ma and Luo to go underwater fishing at sea. Wang and Ma brought their own underwater fishing equipment and arrived at Xialang harbor where Luo moored his fishing boat. Luo arrived in a later time. Wang steered the boat to the intended sea area and dropped anchor. Ma and Wang started underwater fishing at 2100hrs. Luo stayed on board to attend to the oxygen supply equipment. When noticing the rapid currents and the long stretch of the oxygen supply tube, Luo pulled the tube to call back the divers. Ma was the first to return on board. However, only a dozen of meters away from the boat, Wang rolled over and dived again. About two minutes later, Luo pulled the oxygen tube again to call back Wang, only to feel a heavy pull. He reckoned that Wang might have been fascinated by a good catch. About one minute later, the two on board feared that something had gone wrong. Ma wore diving apparatus to go back for Wang. When Wang was found, he was floating on his side and lost his mouthpiece. Ma pulled the drowning back to the fishing boat and gave first aid. Luo called 120 at the same time. They continued first aid all the way ashore. When they arrived, the family of Wang and emergency workers had been waiting for them. Wang died despite emergency rescue efforts.

Judgment

The court order the Defendants Luo and Ma to respectively pay the five Plaintiffs CNY 125,027.05 for funeral expenses and death compensation, and dismissed other litigation requests of the Plaintiffs.

Significance

In the operation of underwater fishing at sea, generally, fishermen are engaged in a loose partnership, under which each assumes a due division of labor and shares the income with partners. If any partner is injured or dead due to an accident during the group work, the rights and obligations of the partners should be clarified through a civil tort claim. If other partners have exercised due diligence in safety control, the principle of fairness shall apply to deal with such disputes. The subject case provides a good reference for the handling of cases involving fatality in underwater fishing operations under a civil loose partnership.