[Case Summary]This case involves a dispute over the liability of public place managers (safety protection obligations). On February 21, 2021, Mr. Wang took his child, Wang *1, to buy tickets and ride on the track of a certain park in Beijing. The park was in trial operation at that time, with no protective measures or warnings in place. The child fell off the track on a steep curve and suffered a femoral shaft fracture, resulting in medical expenses totaling over 80,000 yuan. The park failed to provide timely assistance. Mr. Wang entrusted Beijing Hengluo Law Firm to handle the case.Wang XinruiThe lawyer sued, claiming that the park failed to fulfill its obligation of ensuring safety. The court found that the defendant was at fault in its safety management and determined that it should bear 50% of the compensation liability, awarding compensation of 37,118.54 yuan for medical expenses, 9,000 yuan for nursing care, 600 yuan for hospitalization meal subsidies, 600 yuan for nutrition, 300 yuan for transportation, and 5,000 yuan for compensation for mental distress, totaling 52,618.54 yuan. The core disputes include: the operator's obligation to provide security, the guardian's responsibility, and the compensation ratio. Applicable legal provisions: Article 1198 Paragraph 1 of the Civil Code.

I. Review of the case

"Who is responsible if a child gets injured at an amusement park?" "Can I claim compensation if I get injured at a mall or park without warning signs?" "What does the operator's obligation to ensure safety include?" These are hot topics of concern to parents. On the afternoon of February 21, 2021, Mr. Wang took his child, Wang Mou1, to buy tickets and enter a certain park in Beijing to ride bicycles on the track. At that time, the park was in a trial operation stage. There were no protective measures in place, no distinction between primary and advanced tracks, no red line warnings for high and low tracks, and the entire venue was open for children to enter and ride on their own, with parents not allowed to accompany them.

On July 18, 2021, Wang *1 fell and was injured while riding a bicycle on a high slope curve. The park failed to take timely rescue measures. It was Mr. Wang who found him and called 120 for medical assistance. The initial diagnosis was a femoral shaft fracture, after which he was transferred to the emergency department for rescue and underwent surgery the next day. He was discharged from the hospital after 9 days of hospitalization. On July 18, 2021, Wang *1 was admitted to the hospital for a second surgery, with total medical expenses amounting to more than 80,000 yuan. During this period, Mr. Wang has been unemployed and staying at home to care for his child. Mr. Wang believes that the park is clearly at fault for the child's injury and has entrusted our law firm to handle the case.Wang XinruiThe lawyer filed a lawsuit, seeking compensation for medical expenses, nursing care fees, and other costs.

II. The focus of the case

  • Focus 1: Whether the park, as an operator, has fulfilled its obligation to ensure safety.The focus of the review is on the lack of protection, warnings, and risk disclosure.
  • Focus 2: Whether the guardian is negligent in his/her duties of guardianship.The defendant argued that the guardian failed to fulfill his duties, which affected the apportionment of liability.
  • Focus Three: How to determine the compensation items and the proportion of liability.The court determines the proportion of responsibility to be borne by the operator at its discretion.

III. Professional intervention by Hengluo Law Firm

The plaintiffs (parents) allege that:The park's track is curvy and rugged, with significant bounce, posing a clear risk of falls for children. There are no protective barriers, warning signs, or effective preventive measures around the track. No risk warnings were provided before entering the park, and the child was not provided with timely assistance after being injured. The park clearly bears responsibility for this accident, and we request compensation for medical expenses and other losses.

The defendant (the operator) argued that:The plaintiff's injury was caused by the guardian's failure to fulfill his duty of guardianship; as the venue operator, we have fulfilled our obligation to ensure safety, and the venue meets international standards; the plaintiff's claims lack legal basis and should be dismissed.

Hengluo Lawyer's Representation Opinion:Wang XinruiAfter accepting the case, the lawyer conducted a detailed investigation and concluded that, according to Article 119(8) of the Civil Code, if the operator of an entertainment venue fails to fulfill his duty of ensuring safety and causes harm to others, he shall bear tort liability. The track involved in the case is curved and rugged, with high rebound force, posing obvious safety risks of falling for children. There were no protective facilities, warning signs, or reasonable measures to prevent or mitigate the risk of harm to children around the track, and the defendant failed to provide risk warnings before admission. After the plaintiff was injured, the defendant failed to provide timely and effective assistance, which constituted obvious negligence. Therefore, the plaintiff requests the court to order the defendant to compensate for losses such as medical expenses, nursing care fees, hospitalization meal fees, and nutrition fees.

IV. Outcome of the case

After the trial, the court adopted some of our lawyers' opinions and claims, finding that the defendant was at fault in safety management and determined that the defendant should bear 50% of the compensation liability. In accordance with Article 119(8) of the Civil Code of the People's Republic of China, the judgment is as follows: 1. The defendant, XX Sports Industry Development Co., Ltd., shall, within seven days of the judgment taking effect, compensate the plaintiff for medical expenses of 37,118.54 yuan, nursing care expenses of 9,000 yuan, hospitalization subsistence allowances of 600 yuan, nutrition expenses of 600 yuan, transportation expenses of 300 yuan, and compensation for mental distress of 5,000 yuan, totaling 52,618.54 yuan; 2. The plaintiff's other claims are dismissed. If the defendant fails to fulfill its payment obligations within the specified period, it shall pay double interest on the delayed performance of the debt in accordance with Article 260 of the Civil Procedure Law.

5. Henglu Law Firm's Reminder

Parents should exercise utmost caution when taking minors to public places for fun; at the same time, operators must fulfill their obligation to ensure safety, otherwise they will be held accountable. This case was handled by Beijing Henglu Law Firm.Wang XinruiThe lawyer (practice license number: 11101202111290829, subject to the document issued by the judicial administrative organ) acting on behalf of the client reminds parents to keep the on-site photos, surveillance footage, and rescue records. If they encounter injuries, they should promptly engage a professional lawyer for assistance.

VI. Common Questions and Answers about Disputes over the Obligation to Ensure Safety in Public Places

  1. Q: If a child gets injured at a park amusement park, who is responsible?
    A:If the operator fails to fulfill his/her obligation of ensuring safety (no protection, no warning, no notification, and no timely rescue), and causes damage, he/she shall bear tort liability; if the guardian fails to fulfill his/her duty, the operator's liability may be mitigated.
  2. Q: Can operators avoid liability just by saying that they "comply with international standards"?
    A:No. Whether the duty of ensuring safety has been fulfilled should be judged based on the actual on-site protection measures, warnings, risk notifications, and rescue measures, rather than solely relying on standard declarations.
  3. Q: What are the responsibilities of a guardian?
    A:Minors in public places are subject to the high duty of care and supervision by their guardians. If the guardians fail to fulfill their duties, the court will correspondingly reduce the proportion of the operator's compensation liability.
  4. Q: Can I request compensation for mental distress?
    A:Yes. If a minor is injured or suffers physical or mental harm due to safety hazards in a public place, they can claim compensation for mental distress, which will be determined by the court at its discretion.
  5. Q: How to prove that the operator is at fault?
    A:The fixed on-site photos, videos, evidence of no warning signs, ticket purchase records, rescue timelines, medical diagnoses, and witness testimonies form a complete chain of evidence.