Hit by a Marathon Runner While Crossing the Street... "Organizers Ordered to Pay 350 Million Won in Damages"
Elderly Victim Left in Vegetative State
"Insufficient Safety Personnel Led to Inadequate Control"
A court has ruled that the organizer and the operating agency of a marathon must compensate a pedestrian in her 70s approximately 350 million won after the pedestrian was severely injured in a collision with a marathon participant while crossing a crosswalk on the course. However, the court did not hold the marathon participant liable for damages.
On March 18, Judge Kim Jaehyang of the Civil Division 7, Seoul Southern District Court, ruled in a damages lawsuit (2024Gadan227532) filed by the plaintiff, a woman in her 70s identified as A, against Defendant B Co., Ltd., the co-host and organizer of the event, Defendant C Co., Ltd., the agency entrusted with the event's operation and management, and Defendant D, a marathon participant. The court ordered, "B and C must jointly pay A 353.49 million won," in response to A's claim for a total of approximately 465.52 million won.
[Facts of the Case]
On November 2023, from 8:00 a.m. to around 1:30 p.m., a marathon was held with a total of 35,000 participants running from Sangam World Cup Park in Seoul, passing through Yeouido Park, to Jamsil Main Stadium.
That day, at around 9:00 a.m., the plaintiff, Ms. A (77, female), attempted to cross a crosswalk within Yeouido Park, which was part of the marathon course, weaving through the runners. She collided with Defendant D, a marathon participant, and fell to the ground.
As a result of the accident, Ms. A suffered injuries including traumatic subdural hemorrhage and underwent emergency decompressive craniectomy. However, she did not regain consciousness and, as of the close of arguments, remains hospitalized in a vegetative state.
Meanwhile, in February 2024, Ms. A received 8 million won as part of her compensation through the business liability insurance held by Defendant B, and was reimbursed 16.76 million won by the National Health Insurance Service for medical expenses exceeding her personal payment cap.
The court recognized the responsibility of Defendants B and C. Judge Kim stated, "As the organizer and host of a large-scale event, Defendants B and C had a duty of care to prevent collisions between participants and pedestrians." The judge continued, "Although the crosswalk where the accident occurred was part of the marathon course, only vehicular traffic was restricted; there was no guidance prohibiting pedestrian passage or directing them to detour. The number of safety personnel (one) and police officer (one) assigned to the area was insufficient to fully control pedestrian traffic." The judge further explained that even as Ms. A crossed the crosswalk through the runners, no safety personnel attempted to stop her.
However, Judge Kim limited the defendants' liability to 70%, stating, "Ms. A's own fault contributed to the occurrence and aggravation of the damage." Considering the circumstances of the accident, Ms. A's age, and the location and severity of her injuries and subsequent sequelae, the court awarded 76 million won in consolation money.
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Park Suyeon, Legal Times Reporter
※This article is based on content supplied by Law Times.
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