xiamen marathon substitute runner death lawsuit first trial judgment dismisses plaintiff claims

On the afternoon of September 21, the Haicang District People's Court in Xiamen City held a trial and delivered a verdict on the first domestic case of a marathon 'substitute runner' sudden death compensation claim.The first-instance judgment dismissed the plaintiff's compensation lawsuitrequest.In other words, the Xiamen Haicang Half Marathon event organizers and the person who transferred the race entry, Li, do not need to bear responsibility,and the substitute runner, Wu, is fully responsible for his own actions.The plaintiff expressed dissatisfaction with the judgment in court and will appeal to a higher court.

Xiamen Marathon Substitute Runner Sudden Death Case: Event Organizers and Transferor Not Liable

On December 10, 2016, at the Xiamen Haicang International Half Marathon, Wu, wearing the 'F12530' bib number transferred by Li, entered the race. Shortly after crossing the finish line, he collapsed, experiencing cardiac arrest and weak breathing. Despite emergency treatment by the event's medical staff and being sent to the hospital, he was pronounced dead at 11:33 a.m. that day.

Afterwards, Wu's family sued the event organizers and Li for compensation, demanding a total of over 1.23 million yuan for death compensation, funeral expenses, living expenses for dependents, transportation costs, and mental distress compensation.

Wu had previously participated in the Taining Global Chinese Marathon and successfully completed it, indicating he was aware of the risks and regulations of marathon events.Despite knowing that bib numbers cannot be transferred, he still accepted the transfer and passed the inspection to participate, which constitutes voluntary risk-taking.

Although the event organizers had lapses in inspection management and Li was at fault for illegally transferring the bib number, neither could be legally linked to Wu's death. Therefore, the court ruled that the event organizers and Li do not need to bear liability for Wu's death.

The phenomenon of substitute runners in marathons has become increasingly common.

In recent years, as the number of marathon events in China has surged, the issue of substitute runners has also become more severe, even forming an 'underground market' trend.

In last year's Beijing TNF100 trail race, an 8-year-old runner completed the race in 14 hours, drawing much admiration, but later fell into controversy over being a substitute runner due to age ineligibility. The Shanghai Marathon also faced substitute runner issues, with organizers catching 7 substitute runners at once. The Xiamen Half Marathon had 30 substitute runners,and more dishearteningly, Wu, the sudden death substitute runner, was one of them.

In 2014, during the Grassland International Marathon in Zhangjiakou, a participant in his 50s suddenly died. The event committee later announced that the deceased runner had borrowed someone else's identity to participate, and the insurance company would not compensate for his accidental death. However, the committee provided aid to his family out of humanitarian concern.

Generally, marathon events provide insurance for participants. If a participant is running under someone else's name, the insurance company will not compensate in case of an accident. The risks of substitute running extend beyond insurance; if a runner gets injured or has an accident on the track, the lack of accurate emergency contact and blood type information can delay crucial rescue efforts.

Beijing MarathonSubstitute runners exposed, 5 people using the same number

The Beijing Marathon concluded successfully last Sunday, but the issue of runners sharing bib numbers still occurred amidst the praise for the event's organization and security. A photo went viral showing three runners with the same bib number posing at the starting line. Subsequent photo comparisons revealedthat there were as many as 5 participants with the bib number D0198.

In response, the Beijing Marathon organizing committee issued a statement on its official account regarding the investigation of violations and maintaining order. The committee stated that it would verify the identities of substitute runners using on-site photos and videos, and once confirmed, impose a lifetime ban and request additional penalties from the Chinese Athletics Association.

In fact, three of these five runners with the same bib number had also appeared in the 2017 Beijing Long-distance Running Festival, using the same method of bib number duplication.The issue of the same bib number in this Beijing Marathon also falls under the category of substitute running.

However, in large events like the Beijing Marathon, substitute running is becoming increasingly difficult. In recent years, medium and large races have invited multiple third-party photography agencies to take photos at key locations. A photographer can take hundreds of thousands of photos in one race, making it hard for any 'imposters' to hide.

With such abundant evidence, the organizing committee can assign personnel to classify and identify the massive number of photos. Software development companies can also combine vehicle and facial recognition systems to develop automatic warning and reporting functions. Additionally, reports can be made through the event's official website, Weibo, WeChat public account, email, and the Chinese Athletics Association website.

How to prevent and solve the issue of substitute running?

1. Race gear cannot be collected on behalf of others

Currently, almost all races require participants to collect their gear in person to prevent the casual distribution of bib numbers from the source. However, this can cause inconvenience for both parties, requiring runners to arrive at the race location early or volunteers to extend their service time the day before the race. Between the two evils, choose the lesser.

2. One-time wristbands

In the past two years, China has introduced this method, which is common abroad, where participants receive a heat-sealed, non-removable wristband when collecting race materials. However, this still has loopholes, as the wristband can be removed by applying soap to the wrist and slowly pulling it off with a string.

3. Facial recognition system

This time, the Beijing Marathon used fluorescent inspection, but the inspection area did not have hard barriers, relying on human flow management, which may have allowed some substitute runners to slip through. Additionally, participants who had already passed inspection might have passed their real bib numbers through the barriers to substitute runners.

4. Inspection chips to verify identity

Adding chip verification during inspection, along with verbally reporting ID numbers, would undoubtedly delay some time and waste manpower. Moreover, carrying an ID during the race is inconvenient. No race has yet adopted this measure. Based on the folded state of the bib number in a substitute runner's photo, it is speculated that the substitute runners in this Beijing Marathon might not have attached chip items to the back of their bib numbers.

5. Combining with photo systems

Many photography service companies provide a large number of photos, with some photographers taking tens of thousands of photos in one race. These companies have mature classification and retrieval systems, listing all related photos by searching the race number. If photos can be uploaded synchronously before the race starts and during the early stages of the race, combined with a warning system or manual checks, it can help prevent issues before the race ends.

6. Linking with personal credit systems

Some runners believe that preventing substitute running should involve linking identity fraud with personal credit systems. Once a substitute runner is caught, both the substitute and the person being substituted should be banned from registering for races, lose personal credit points, and face impacts on personal financial activities like bank loans.

Event organizers should strengthen management measures

The first-instance verdict of the first domestic marathon substitute runner sudden death case essentially clarifies the court's legal stance on substitute running, indicating that event organizers are not liable. However, this does not mean that event organizers can reduce their responsibility for supervising participants.

In fact, with increasingly advanced technological means, event organizers have more ways to ensure the authenticity of participants and provide the best emergency rescue. Event organizers have a significant responsibility to uphold fairness and justice and ensure the safety of the event.

If various events in China work together, more effective preventive measures can be formed. For example, all marathon events could unite to create a blacklist, barring those who exploit loopholes, disregard rules, and pose significant risks to event organization from participating.

On a deeper level, beyond rule violations, there are aspects of marathon culture such as 'running knowledge' and 'running etiquette,' including scientific training to avoid injuries and not running shirtless or fighting for water and drinks on the track.

Eliminate substitute running, starting with me

For the family of Wu, the substitute runner who died in the Xiamen Marathon, it is undoubtedly very painful. According to reports, when his wife, Ms. Liang, received the news of her husband's sudden death, she was devastated and could not accept the reality.

'He had a habit of exercising for many years, running twice a week. The Xiamen Half Marathon was his second race, the first being the Taining Half Marathon on October 16, 2016, where he finished 475th. Since 2016, he had also been training for triathlons.'

'He has paid a heavy price for his actions. His departure means the end of our family of three. I don't want such a tragedy to happen to other families. This kind of sadness is not something everyone can understand.'Recalling her husband's past, Ms. Liang could not hide her grief.

Upholding the bottom line and maintaining a fair and just race environment is not only the responsibility of event organizers but also of every runner.Once it is confirmed that someone is running under another's name, the insurance company will not compensate in case of an accident. Substitute running can also cause irreparable harm to oneself, plunging the family into endless grief. Therefore,Eliminate substitute running, starting with me.