Xinjiang Changji Court: 70% of the injured are responsible for not wearing safety protection
2023-02-14
Recently, the People's Court of Changji City, Xinjiang Uygur Autonomous Region, heard a case of injury caused by roller skating, and ruled that a roller skating club should bear 30% of the responsibility, while the plaintiff Wang should bear 70% of the responsibility. The plaintiff, Mr. Wang, fell down and was injured when he was skating at the defendant's roller skating club without wearing safety gear. He was sent to the emergency department of the local hospital for examination on the same day and was hospitalized for 11 days. The discharge diagnosis was left fibula fracture, left distal tibiofibular ligament tear, left ankle dislocation, and left lower limb injury. According to the doctor's order, the patient is required to take a full rest for 3 months, and take a film every 2 to 4 weeks, and determine the time of activity and removal of the internal fixation device according to the fracture healing. Later, Mr. Wang was hospitalized in the hospital again, and took out the internal fixation device (after the left fibula fracture operation). The discharge doctor ordered him to take a full rest for one month, and accompanied one person during the hospitalization and discharge. Subsequently, Wang entrusted a judicial expertise institute in Xinjiang to identify his injury, and the degree of his disability was assessed as Grade 10. The two parties failed to negotiate the compensation, and originally informed the court. The plaintiff, Mr. Wang, requested the defendant's roller skating club to compensate for the disability compensation, medical expenses, follow-up treatment expenses, hospital food allowance, nursing expenses, mental damage compensation and other expenses totaling more than 146000 yuan. The plaintiff Wang Mou believed that Zhang Mou, as the club operator and manager, failed to fulfill the corresponding safety and security obligations, and the roller skating site was uneven, and did not provide the size of his corresponding roller skating shoes. The defendant's roller skating club had no objection to the fact that Wang was injured in the roller skating in the club. It believed that there was no pit in the roller skating field, and provided the corresponding shoe size according to the plaintiff's request. The club only assumed secondary responsibility. After hearing, the court held that the managers of hotels, shopping malls, banks and other public places or the organizers of mass activities who failed to fulfill their security obligations and caused damage to others should bear the liability for infringement. The plaintiff Wang was skating in a roller skating club of the defendant. The event itself had certain risks, and it was the plaintiff Wang who volunteered to participate in the event. His fall injury was mainly caused by his failure to slide carefully and not wearing protective gear. Although the defendant's roller skating club provided warm tips and admission instructions, it did not provide evidence to prove that the tips and admission instructions clearly informed and prompted the participants. The defendant, as the manager of the public place, failed to fulfill the safety guarantee obligation is the secondary reason for the plaintiff's injury. According to the fault degree of both parties, a skate club of the defendant shall bear 30% of the liability, that is, to compensate the plaintiff for medical expenses, disability compensation, etc., totaling more than 38000 yuan. ■ The judge said ■ The winter weather is cold, and indoor play has become the choice of many people. Especially in recent years, indoor roller skating has been popular with many young people, but these indoor play projects still have certain risks. If you are careless, "accidents" will come. Before participating in the activity, participants should fully understand the risk of the activity and reasonably estimate the risk of the activity in combination with their own physical conditions. Participants who voluntarily participate in activities should also wear corresponding protective equipment. At the same time, the operator should also fulfill the obligation of safety and security, and do a good job of clearly reminding the participants of the possible risks and the matters to be clearly noted in the activities. Article 1716 of the Civil Code of the People's Republic of China
Edit：Ying Ying Responsible editor：Jia Jia
Source：rmfyb.chinacourt.org
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