Teen Drowns in Jin'gualiao River; Farm Owner Sentenced to 10 Months for Negligent Homicide

(Central News Agency, Taipei, June 5, Reporter Xie Junlin) A 15-year-old boy surnamed Su drowned while playing in the Jin'gualiao River at Tianshan Qinshui Farm in Pinglin District, New Taipei City in 2023. The Taipei District Court sentenced the farm's owner, surnamed Wu, to 10 months in prison for negligent homicide, ruling that he failed to deploy lifeguards and adequate safety equipment. The verdict can be appealed.

According to the court judgment, Wu had been operating the farm since January 2013, offering barbecue and camping services, and renting or selling swimming rings, inflatable boats, water guns, and air pumps for visitors to use in the Jin'gualiao River area within the farm.

On July 9, 2023, the Su teenager entered the farm with his parents after purchasing tickets. In the afternoon, while playing in the river, he accidentally drowned. Wu pulled him ashore and sent him to the hospital, but he died on July 27 due to drowning, hypoxic encephalopathy, aspiration pneumonia with respiratory distress, and respiratory failure.

During the trial, Wu denied the charges of negligent homicide, arguing that the river was outside the farm and not part of his business scope. He claimed the river was long and only a small section adjoined the farm, and that visitors did not have to enter through the farm. He stated he was not a manager, did not stop visitors from entering the water, and only told them to be careful.

However, the collegiate panel found that Wu had effectively extended the farm's recreational business activities to the river area, not merely operating the farm itself. Therefore, Wu held a guarantor status and had a duty of care towards visitors who paid to enter and then went to play in the river.

The panel considered that Wu, as the farm owner and operator, had a responsibility to ensure visitor safety but failed to fulfill his duty of care, leading to a fatal drowning. This caused irreparable grief to the victim's family. The court also noted Wu's denial of the crime, his poor attitude, and that despite expressing willingness to mediate, he failed to reach a settlement with the victim's family. Based on these factors, the court sentenced him to 10 months in prison. (Editor: Zhang Mingkun) 115/06/05