[Direct answer]If the scenic area is at fault, it should compensate. According to Article 1198 of the Civil Code of the People's Republic of China (effective January 1, 2021), operators, managers, or organizers of public places such as hotels, shopping malls, banks, stations, airports, sports stadiums, and entertainment venues that fail to fulfill their safety obligations and cause harm to others shall bear tort liability. Rafting is a recreational activity with certain risks. Article 1176 stipulates that voluntary participants who are harmed by the actions of other participants in the activity shall not request other participants to bear tort liability, but this article does not exempt operators and managers from their safety obligations. The scope of compensation includes medical expenses, loss of income, nursing care expenses, nutritional expenses, transportation expenses, and disability compensation. The key points of evidence include whether there are defects in equipment and management, whether warnings and rescue measures are in place, and the causal relationship between the injury and the accident. Action guidance: collect evidence at the scene and seek medical treatment promptly, keep tickets and diagnostic materials, and then claim compensation.

1. Problem background and typical scenarios

Summer rafting is a popular tourist activity, but fractures, cervical and lumbar injuries caused by capsizing boats, hitting rocks, and falling into the water are common. Tourist attractions often defend themselves by saying "you voluntarily participate and bear the risks yourself", while tourists argue that the life jackets are not sturdy enough, the river channels are not cleared of obstacles, there are no warning signs, and the staff do not provide timely rescue. The boundary between voluntary assumption of risk and the obligation to ensure safety is the core of such cases.

II. Key points of contention

Firstly, whether the "assume the risk" rule can exempt scenic spots from liability. Secondly, the specific content and judgment criteria of the obligation of ensuring safety. Thirdly, whether tourists themselves have exercised due diligence and whether they constitute contributory negligence. Fourthly, the proof and appraisal of the causal relationship between the injury and the accident.

III. Professional analysis by Henglue Lawyers

From the three aspects of "Duty Content - Liability Rules - Evidence Allocation": 1. **Duty Content**: For high-risk activities like rafting, the operator's obligations include ensuring the adequacy and regular maintenance of equipment (rafts, life jackets, helmets), clearing obstacles and setting warning signs in dangerous river sections, providing qualified lifeguards and rescue equipment, conducting safety briefings and operational training, and promptly providing assistance and medical treatment after accidents. The fulfillment of these obligations is typically evaluated based on on-site conditions, industry standards, and post-incident responses. 2. **Liability Rules**: Article 1198 of the Civil Code establishes the tort liability of operators for failing to fulfill safety obligations. Article 1176's "assumption of risk" primarily applies to the allocation of liability among participants and cannot be used as a defense for operators. Additionally, Article 1173 stipulates that if the victim contributed to the occurrence or exacerbation of the damage, the operator's liability may be reduced proportionally. Thus, tourists who swim after drinking alcohol, ignore warnings, or unfasten safety equipment may face reduced compensation. 3. **Evidence and Appraisal**: Tourists should preserve admission tickets, scenic area records, on-site photos/videos, witness statements, medical records, and receipts. For severe injuries, they may apply for disability assessment. In cases of disputed causality, judicial appraisal may be requested. In practice, if the scenic area claims to have fulfilled its obligations, it must provide equipment maintenance records, photos of warning signs, training and rescue records, and shift the burden of proof based on the focus of the dispute. 4. **Compensation Calculation**: Medical expenses are based on receipts, loss of income is calculated based on income and duration of work disruption, nursing and nutritional care are based on medical orders and appraisal opinions, and disability compensation is determined by disability rating and local standards. In Beijing court cases involving scenic area injuries, the court typically first reviews whether the operator fulfilled its reasonable safety obligations before apportioning liability based on the parties' respective faults.

IV. Practical suggestions and legal basis

First, collect evidence at the scene of the accident: take photos and videos to record the river channel, equipment, warning signs, and rescue efforts, and keep the tickets and contact information of the companions. Second, seek medical treatment promptly and keep the medical records, diagnosis certificates, and all receipts. If necessary, conduct a disability assessment. Third, file a written claim for compensation with the scenic area and keep the communication records. Fourth, if no agreement is reached, initiate litigation and gather evidence around the tourism operator's failure to fulfill its safety obligation. Main legal basis: Articles 116, 173, 176, 178, 198, and 179 of the Civil Code of the People's Republic of China (effective January 1, 2021); the provisions on tourism operators' safety obligations in the Tourism Law of the People's Republic of China (promulgated in 2013 and amended in 2018); specific application shall be subject to the currently effective regulations.

5. Henglue Law Firm's Reminder

Three key points regarding injuries during rafting: 1. **Self-acceptance of risks does not exempt scenic spots from their duty of ensuring safety**: If there are management flaws, the scenic spot must compensate. 2. **Violating safety warnings may reduce liability**: Evidence must document both the scenic spot’s actions and the victim’s own behavior. 3. **Keep all medical records and receipts**: Disability assessments should be completed as soon as possible. For personal injury compensation cases, you can proceed through legal channels.Personal injury and medical disputesThe service obtains a comprehensive solution, which involves the combination of forensic appraisal and disability assessment.Special servicesFor plate tectonics, the recovery and enforcement of compensation can be referred to for reference.Creditor's rights and debts, and enforcementFor inquiries about the column, scenic area contracts, and responsibility assessments, please feel free to contact us.Business and contract disputes in enterprisesTeam.

VI. Frequently Asked Questions

Q1: The scenic area said that rafting is risky and asked us to sign a waiver of liability. Can we still get compensation if something happens?

Compensation may still be possible. The operator should bear responsibility for the damages caused by their failure to fulfill their safety protection obligations. General exemption clauses usually cannot exempt them from their legal obligations; however, if the statement has provided clear warnings about specific risks and the tourists still participated knowing the risks, it may affect the proportion of liability. Whether compensation will be provided and the proportion of liability ultimately depend on the operator's fulfillment of their obligations and the tourists' own negligence.

Q2: What evidence do I need to prepare in case of an injury during rafting?

There are four key types of evidence: on-site evidence (photos and videos of waterways, boats, lifesaving equipment, and warning signs); identity and consumption evidence (tickets, scanning code and payment records); injury evidence (emergency and hospitalization medical records, diagnosis certificates, imaging data, and receipts); and liability evidence (records of staff rescue efforts, witness statements, and safety notices from the scenic area). For those with more serious injuries, it is necessary to apply for a disability assessment in a timely manner.

Q3: How much does it typically cost to handle this type of claim?

These mainly include medical and appraisal expenses, litigation fees, and attorney's fees. The disability appraisal fees are usually paid in advance by the applicant, and after winning the case, the other party can be required to share them according to the proportion of responsibility; the litigation fees are calculated in stages according to the amount of the claim. The scope of compensation includes medical expenses, loss of income, nursing care expenses, nutrition expenses, transportation expenses, and disability compensation, with the amount based on receipts and appraisal conclusions.

Q4: How long does it take from getting injured to receiving compensation?

The treatment and appraisal often take several months (especially for disability appraisals, which need to be conducted after the treatment is completed). If no agreement can be reached through negotiation, the case will proceed to litigation. The first-instance ordinary procedure usually lasts three to six months, and the overall cycle is usually quite long. It is recommended to organize the bills and medical records simultaneously during the treatment stage to avoid delays caused by repeated supplementation of certificates due to incomplete materials.

Q5: The scenic area is making excuses and refusing to compensate. What should I do now?

First, fix the evidence and save the medical materials, then send a written claim letter to the scenic area demanding a reply within a specified period; simultaneously, file a complaint with the cultural and tourism authorities, market supervision authorities, and local authorities about their safety management issues; if no agreement is reached, initiate legal proceedings in a timely manner, and apply for provisional execution for urgent expenses such as medical fees. For serious injuries or cases involving disability, it is recommended to engage a lawyer as soon as possible.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, so as to avoid missing the statutory time limit.Personal injury legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.