Who will take responsibility for the accidental injury caused by the 'escape from the secret room'?

2023-07-20

In recent years, the emerging immersive real-life game market of "Chamber of Secrets Escape" has been hot, and it is widely sought after and loved by young people due to its intellectual, challenging, and interactive characteristics. However, in the thrilling, thrilling, and terrifying game process, who should be held responsible for any accidents that occur to participants? Recently, the People's Court of Pudong New Area in Shanghai has concluded a case of tort liability dispute arising from an accidental injury caused by a minor participating in a "secret room escape". 13-year-old Zhao accompanied several classmates and went to a secret room escape location to play. Before playing, all participants signed the admission commitment letter provided by the staff. The content of the admission commitment letter contains the elements of horror and horror in the game, and participants confirm that they do not have cardio cerebral Vascular disease disease, mental disease, pregnant women and minors, etc. During the game, the staff played roles and interacted with the players. Chen was startled and pushed Zhao in front of him, causing him to fall. The glasses he was wearing ruptured during the fall, causing Zhao's face to be scratched and scar nearly 10cm in length. Zhao filed a lawsuit against Chen, his guardian, and the operating company of the escape location in the secret room, demanding compensation for the losses. After trial, the court held that the operating company of the secret room escape venue should bear the obligation of safety protection. The admission commitment letter is a format document, and the designated admission targets should not include minors. The company has failed to carefully verify this and has not fulfilled sufficient safety warning obligations; Before entering the venue, Zhao, who was wearing glasses, was not fully reminded and the safety hazards were not eliminated. The company has made significant mistakes in venue management and should bear the main liability for compensation. Chen was startled and collided with Zhao in the game. Although he did not intentionally do so, he objectively caused harm to Zhao and should bear corresponding civil liability. Zhao himself lacks sufficient awareness of the dangers of wearing glasses to participate in games, neglects his own safety management duty of care, and his parents have not fulfilled reasonable safety education obligations to his children. Therefore, he is at fault for his own damage and should bear some responsibility. Based on the fault of all parties, the court determined that the operating company of the secret room escape venue was primarily responsible for the accident, while Chen and Zhao bore secondary responsibility. The court ultimately ruled that the company compensated Zhao for a total of over 140000 yuan in medical expenses losses, while Chen's guardian compensated for a total of over 20000 yuan in medical expenses losses. After the judgment, Zhao filed an appeal and later withdrew the appeal. The judgment in this case has come into effect. Subsequently, the court has issued judicial recommendations to the operators regarding the non-standard safety management of the escape venue in the secret room. The operator replied that a comprehensive investigation and rectification of potential safety hazards have been carried out, and a sign prohibiting minors from entering secret rooms involving terrorist elements will be added. Staff training will be strengthened, and the main responsibility for the safety management of escape places in secret rooms will be fully fulfilled. The legal rights and interests of minors will be effectively protected to prevent similar safety accidents from happening again. (Feng Jing) ■ The judge's words ■ Strengthen the main responsibility and standardize business management. Our civil code stipulates that operators of entertainment places and other business places who fail to fulfill their security obligations and cause damage to others should bear tort liability. The operator of the secret room escape venue acts as

Edit:Jia Jia    Responsible editor:Wang Chen

Source:rmfyb.chinacourt.org

Special statement: if the pictures and texts reproduced or quoted on this site infringe your legitimate rights and interests, please contact this site, and this site will correct and delete them in time. For copyright issues and website cooperation, please contact through outlook new era email:lwxsd@liaowanghn.com

Return to list

Recommended Reading Change it

Links

Submission mailbox:lwxsd@liaowanghn.com Tel:020-817896455

粤ICP备19140089号 Copyright © 2019 by www.lwxsd.com.all rights reserved

>