[Direct answer]It's possible to claim compensation. According to Article 506 of the Civil Code of the People's Republic of China (effective January 1, 2021), any exemption clauses that cause personal injury to the other party are invalid. Regardless of whether they have signed and confirmed them, the injured party can claim compensation from the at-fault party in accordance with Article 1165; if the shopping malls, gyms, and other business venues fail to fulfill their obligation to ensure safety, they shall also bear responsibility in accordance with Article 1198. The statute of limitations is three years, and the compensation items include medical expenses, loss of income, nursing care expenses, and nutritional expenses. For those who have sustained disabilities, there are additional compensation for disabilities and compensation for mental distress. It is recommended to keep the original exemption agreement, medical records, and on-site evidence, and to claim compensation after obtaining a timely disability assessment. Beijing Henglue Law FirmPersonal injury legal servicesIt can assist in the evaluation. For more details, please refer to the following link:Beijing Henglu Law Firm.

I. Legal basis and interpretation of provisions

1. Article 506 of the Civil Code of the People's Republic of China (effective from January 1, 2021)

The following exemption clauses in the contract are invalid: those causing personal injury to the other party; and those causing property losses to the other party due to intentional or gross negligence. This is the direct legal basis for claiming compensation even after signing an exemption agreement: personal rights and interests take precedence over contractual freedom, and exemption clauses are always invalid for personal injury, regardless of whether the victim signs the agreement or is aware of the risks. However, the invalidity of the clauses does not necessarily mean that the organizers must compensate in full. Ultimately, the responsibility will be allocated according to the fault and causal factors of all parties. If the victim himself/herself has committed gross negligence, the other party's responsibility may be correspondingly reduced.

2. Article 116 of the Civil Code of the People's Republic of China (effective January 1, 2021)

When an actor infringes on the civil rights and interests of others due to his fault and causes damage, he shall bear tort liability. After the exemption clause is found to be invalid, the claim will be transferred to the tort path: it is necessary to prove the damage facts, the actor's fault and the causality. If the operators and managers of business venues and public places such as hotels, shopping malls, and sports venues fail to fulfill their obligation of ensuring safety and cause damage to others, they shall bear tort liability in accordance with Article 1198; if the third party causes the damage, the third party shall bear the responsibility, and the venue managers who fail to fulfill their security obligations shall bear corresponding supplementary liability.

3. The interpretation of the case by the court

The general approach of the court is to first determine that the exemption clause is invalid because it involves personal injury, and then allocate liability according to the elements of infringement. In sports activities, if the victim voluntarily participates in activities with certain risks, Article 1176 of the Civil Code on the rule of assuming risks voluntarily may apply, but this rule only adjusts the relationship between participants. Organizers and operators cannot invoke the rule of assuming risks voluntarily to exempt themselves from their obligations to ensure safety. The most common dispute is the proportion of fault: the organizer's responsibility is heavier if there is no warning, the facilities do not meet standards, or the rescue is delayed; if the victim knows about his own illness but still participates in high-intensity activities or violates the rules of the activity, he shall bear part of the losses himself. The signing behavior can be used as a reference for knowing the risks, but it does not constitute a waiver of the right to claim compensation.

II. Practical Experience of Henglue Law Firm

Henglue Lawyers have observed in personal injury cases that waiver agreements are frequently encountered in sports activities such as gym personal training courses, skiing and ice skating, marathons, and tourism and entertainment projects such as trampolining, rafting, and rock climbing, as well as in labor scenarios such as high-altitude work and loading and unloading. There are three common points of dispute: first, whether the operators and organizers have fulfilled their obligations to ensure safety, including whether the facilities meet safety standards, whether they have provided sufficient risk warnings and notifications, and whether they have equipped with necessary rescue personnel and measures; second, the causal relationship between the damage and the activity; third, whether the victim himself has committed major negligence, which affects the proportion of liability rather than the eligibility for compensation.

From the perspective of the referee, it is a settled view that personal injury exemption clauses are always invalid. Signing the agreement itself does not constitute a waiver of the right to claim compensation. If the organizer uses the signed notice to defend against the claim, the court will still review whether the warning is sufficient and whether the rescue is timely. The most common pitfalls that parties are likely to fall into are: thinking that signing the agreement means giving up the right to claim compensation; failing to seek medical treatment in time, which makes it difficult to prove the causal relationship between the injury and the activity; failing to apply for preservation of the scene monitoring in time; and settling the case hastily without conducting a disability appraisal, which often results in a severely reduced compensation amount.

It is recommended to seek medical treatment immediately after an injury and keep all medical records, diagnosis certificates, and expense receipts. Take photos and videos of the scene and apply for access to surveillance footage. After the treatment is completed or the injury condition stabilizes, promptly conduct a disability assessment and then claim compensation based on the assessment results. The compensation scope includes medical expenses, loss of income, nursing care expenses, nutrition expenses, and transportation expenses. For those who are disabled, there are also disability compensation, assistive device expenses, and compensation for mental distress. If you need to evaluate the liability and compensation plan for your case, you can refer to the relevant provisions.Personal injury legal servicesOrBeijing Henglu Law Firm.

III. Frequently Asked Questions

Q1: If I sign a waiver of liability agreement, can I win the lawsuit?

The personal injury exemption clause is legally invalid, and the legal basis for suing for compensation is clear; whether compensation can be obtained and the proportion of compensation depend on the determination of fault. For operators' faults such as failing to meet standards for facilities, failing to provide risk warnings, or providing rescue services in a timely manner, compensation is usually based on primary or full liability; if the victim voluntarily participated in risky activities and had their own faults, they may bear a certain proportion of the losses themselves. Overall, the misconception that "once you sign the agreement, you can't get compensation" is incorrect. The key lies in whether the evidence can prove the fault and causality. It is advisable to evaluate the chances of winning with the help of a lawyer before formulating a strategy.

Q2: What evidence do I need to prepare for an injury claim?

The core evidence includes: the disclaimer agreement and activity contract, payment receipts, which prove the contractual relationship and the terms of the contract; first aid and medical treatment records, diagnosis certificates, and medical bills, which prove the damage and treatment expenses; on-site photos and videos, surveillance footage, and witness statements, which reconstruct the course of the incident; loss of income certificates, nursing care, and transportation bills, which support various losses; and a judicial appraisal opinion is required for cases involving disability. Surveillance videos are easily overwritten, so it is important to apply in writing to the venue owner or the police for preservation as soon as possible, as this is often a decisive factor in the outcome of the case.

Q3: What are the items of personal injury compensation? How much does it cost to file a lawsuit?

The main compensation items include medical expenses, loss of income, nursing care expenses, nutrition expenses, hospitalization meal subsidies, and transportation expenses. Compensation for disability includes disability compensation, assistive device expenses, and compensation for mental distress, which are calculated according to the disability grade and local standards. The case acceptance fee is calculated progressively according to the amount of the claim, with a fee of about 2,300 yuan for a claim of 100,000 yuan, and the fee is halved in simple procedures. The appraisal fee starts from several thousand yuan and is shared according to the proportion of liability. Before making a claim, it is necessary to first calculate the various losses and the proportion of fault, and then evaluate the expected recovery before determining the amount of the claim and the plan.

Q4: How long does it take to litigate a claim?

For cases that do not involve disability assessments, the simplified procedure is generally completed within three months, and the ordinary procedure within six months; for cases requiring disability assessments, the assessment usually takes two to four months, and if the treatment has not been completed, it is necessary to wait until the injury stabilizes. Overall, the process usually takes between six months and a year. Pre-litigation mediation with the venue party and insurance companies can often shorten the process. If the mediation fails, it is necessary to sue as soon as possible to avoid approaching the three-year statute of limitations. For cases with serious injuries and unconfirmed follow-up treatment costs, it is possible to sue for the losses that have already occurred first, and then claim for the follow-up costs after they actually occur.

Q5: Who will bear the compensation, the venue or the organizer?

Regarding the legal relationship and the party at fault: If someone is injured due to the venue's facilities or management deficiencies, the venue operator or manager shall be held liable in accordance with Article 1198; if someone has registered for a training course or participated in an event, the course or event organizer shall be held liable according to their fault; if the harm is caused by the act of a third party, the third party shall compensate for the harm, and the venue shall bear corresponding supplementary liability if it has failed to fulfill its security obligations. When multiple parties exist, the relevant parties may be listed as co-defendants, and the court shall determine their respective faults and causalities to allocate responsibilities, ensuring that the party with the ability to pay actually compensates for the harm.

IV. Suggestions for Protecting Rights and Interests

  • After getting injured, seek medical treatment immediately, keep all medical records and receipts, and apply for preservation of the on-site surveillance and equipment inspection records as soon as possible.
  • Don't give up on making a claim just because you've signed a liability waiver. The personal injury waiver clause is invalid. First, consult a lawyer to assess the liability.
  • After the injury stabilizes, a disability assessment should be conducted promptly. Both compensation negotiations and litigation should take the assessment opinion as the core basis.
  • Clarify the contractual counterpart and the venue operator, and if necessary, include the venue, the organizer, and the insurance company in the recovery of compensation.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the necessary evidence to avoid missing the statutory time limit.Personal injury legal services·Beijing Henglu Law Firm