TAIPEI (Taiwan News) — Taiwan’s Supreme Court on Friday finalized a claims ruling over the 2015 New Taipei water park fire, which burned 508 people and killed 15.
CNA reported that the court rejected appeals by the Tourism Administration and New Taipei City Government, making the ruling final. The two agencies were ordered to pay NT$21 million (US$662,000) to the parents of victims.
The fire happened on June 27, 2015, during a “Color Play Asia” party at the Happy Great Barrier Reef attraction at Formosa Fun Coast. The event was organized by Rebol International Integrated Marketing Co., and the fire broke out after colored powder used at the party ignited.
Families of victims sought state compensation from the Tourism Administration, New Taipei City Government, and the National Fire Agency. They lost in the first and second trials, but the High Court later ruled that the Tourism Administration and New Taipei City Government should pay compensation.
The High Court ordered the two agencies to pay NT$3 million to each of seven parents for emotional distress. It ruled that the National Fire Agency did not have to pay.
The Supreme Court said New Taipei City Government was the local authority responsible for supervising tourist safety at the park. It said the city government had joined the Tourism Administration in inspections and knew there were illegal facilities at the site.
The court said New Taipei City Government did not make the park operator fix the problems. It also said the city did not issue fines or order the Happy Great Barrier Reef attraction to be removed, rebuilt, closed, or returned to legal use.
The Supreme Court said the fire was directly caused when powder met a heat source and ignited. However, it said the long-term failure by the Tourism Administration and New Taipei City Government to act allowed illegal facilities to remain in use and helped create the conditions for the disaster to take place.
The court said the two agencies’ failure to carry out their duties had a clear legal link to the disaster. It said the High Court ruling was correct and should be upheld.
The Supreme Court also rejected the argument that victims accepted the risk by attending the party. It said ordinary people could not know the danger posed by illegal facilities unless government agencies had inspected the site and made the information public.
The court said the families’ separate consumer protection claims did not block their state compensation case. It said the parents had not transferred their right to seek state compensation when they assigned other claims to the Consumers’ Foundation.
