[Direct answer]In the Beijing area, children are injured by playground equipment in residential communities, and the liability for compensation is determined based on fault. According to Article 1198 of the Civil Code of the People's Republic of China, property management companies and other managers have a duty of safety protection for shared facilities in residential communities. If the facilities are defective, neglected for a long time, or lack warnings, they shall bear liability for compensation; if the child engages in dangerous behavior or the guardian fails to fulfill their duty of care, the manager's liability shall be reduced proportionally. The compensation covers medical expenses, nursing care fees, and disability compensation (Article 1179). It is recommended to take photos of the facilities and the scene immediately, request the property management to provide maintenance records, and appraise the disability after the injury stabilizes. Claims should be filed within three years in accordance with the law. For more details, please refer to the following link:Legal services for personal injury and medical disputes.

1. Problem background and typical scenarios

Children often get injured on slides, swings, and fitness equipment in residential communities after school and during holidays. When children suffer from fractures or even disabilities due to accidents, parents often blame the property management for failing to maintain the facilities properly, while the property management claims that the facilities are intact and that the parents failed to supervise their children, leading to a stalemate between the two parties. In such cases, the first step is to identify the responsible party before seeking compensation, as the management of children's play areas may be handled by different entities, such as property management companies, neighborhood committees, or construction units.

II. Key points of dispute

The controversy focuses on three points: first, whether there are defects or neglect in the facilities, and the maintenance records and warning signs are key evidence; second, whether the management has fulfilled its obligation to ensure safety, including regular inspections, timely repairs, and risk warnings; third, whether the guardians have fulfilled their duty of care. When it comes to disputes involving property services and site management, you can refer to the relevant provisions.Real estate sales and construction project services.

III. Professional analysis by Henglue Lawyers

Judging from the public adjudication rules, the court adopts the principle of offsetting faults in such cases: if the facilities are in disrepair and lack maintenance, the management party shall compensate according to the proportion of faults; if the facilities are intact and warnings are posted, and the child's dangerous behaviors such as climbing against the direction of traffic cause accidents, the management party shall not be held liable if it has fulfilled its obligations. When handling similar cases in Beijing, the court also attaches great importance to the investigation of the on-site conditions and the guardianship situation. The responsible parties may be property management companies, neighborhood committees or construction units, which need to be investigated one by one according to their management responsibilities. First, fix the on-site evidence and maintenance evidence, and then determine the claimants and the proportion of compensation. If there are disputes over the property service contract, it can be followed up.Business and contract dispute services for enterprises.

IV. Practical suggestions and legal basis

The legal basis is Article 1198 (Duty of Safety Assurance), Article 1165 (Liability for Fault), Article 1188 (Liability of Guardians), Article 1179 (Scope of Compensation), and Article 188 (Three-Year Statute of Limitations) of the Civil Code (effective from January 1, 2021). Practical suggestions: document the current status of the filming equipment, warning signs, and surrounding environment; apply for access to the community's surveillance footage; report the matter to the property management company in writing and request maintenance records; conduct an appraisal after the treatment of the disability is completed; include property management companies, neighborhood committees, and other management entities as claimants; and initiate legal proceedings promptly if no agreement is reached. For enforcement difficulties, assistance from relevant institutions may be sought.Creditor-debtor relations and enforcement case servicesAdvance.

5. Henglu Law Firm's Reminder

When taking children to public play areas, parents should provide adequate supervision and abide by the rules of use, which is not only related to safety but also directly affects the division of responsibilities. After an injury, do not rush to move or repair the facilities immediately. First, take photos and keep the evidence; pay attention to the three-year statute of limitations and the retention period of surveillance footage, and it is advisable to conduct a disability assessment promptly after the end of treatment. If you are unsure about the claim settlement plan, you can seek help through legal channels.Special services and other case servicesConsultation and assessment.

VI. Frequently Asked Questions

Q1: If a child is injured on a playground in a residential community, can they sue the property management company and obtain compensation?

The key lies in the condition of the facilities and management. If the facilities have defects, are neglected for a long time, or lack necessary warnings, the property management should bear compensation liability according to Article 1198 of the Civil Code. However, if the facilities are intact and warnings are in place, but the child engages in dangerous behaviors such as climbing against the direction of the flow or the guardian's negligence leads to an accident, the court may determine that the management has fulfilled its obligations and reject the claim, or apportion the responsibility between the two parties according to the degree of fault. In public judgments, there are both cases where all claims are rejected and cases where the management bears secondary liability. The outcome depends on the on-site evidence. First, fix the current condition of the facilities and maintenance records, then assess the scope of the claim, and do not easily believe in the promised results.

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

The core evidence includes: photos and videos of the scene after the incident (condition of the facilities, warning signs, surrounding environment), community surveillance footage (with a short retention period, apply for retrieval in writing as soon as possible), property maintenance records and inspection logs, the child's medical records and medical expense receipts, photos of the injury, and witness statements from those present. For cases involving disability, a judicial appraisal opinion is also required. The evidence should be organized around the following sequence: "existence of defects in the facilities or management negligence—child's injury—amount of losses". If the property management refuses to provide maintenance records, the plaintiff may apply to the court to retrieve them after filing a lawsuit, and if necessary, apply for an appraisal of the safety of the facilities to support the claim of fault with professional opinions.

Q3: How much does it cost to litigate a case like this?

The litigation fees are calculated according to the "Measures for the Payment of Litigation Costs" (implemented on April 1, 2007) and accumulated in stages based on the amount of the claim. The plaintiff pays the fees in advance and shares them according to the proportion of the winning party. For a claim of 100,000 yuan, the litigation fees are approximately 2,000 yuan. Lawyer's fees are charged on a per-case basis or according to the proportion of the subject matter, subject to the terms of the power of attorney. For cases involving facility safety or disability appraisal, the appraisal fees shall be borne by the losing party in proportion. Property management companies usually purchase public liability insurance, and some compensation can be obtained through insurance channels. It is recommended that the lawyer first assess the liability ratio and the amount of compensation that can be obtained, and then decide whether to litigate to avoid making small claims that are not economical due to high costs.

Q4: How long will it take to get the results?

The first-instance trial under the simplified procedure shall be concluded within three months, and under the ordinary procedure, it shall generally be concluded within six months; for cases requiring appraisal of the safety of facilities or the degree of disability, the appraisal period is about 30 to 60 days, and the case will be extended accordingly. It usually takes about half a year from filing the lawsuit to obtaining compensation. Cases involving disability or the defendant's appeal will take longer. After the judgment takes effect, if the property management fails to perform its obligations, it is necessary to apply for compulsory enforcement. It is recommended to complete the fixation of on-site evidence and the appraisal of disability before filing the lawsuit, cooperate with the court to promote the appraisal and mediation during the litigation, shorten the overall cycle, and obtain the compensation as soon as possible for subsequent treatment.

Q5: What should I do first if my child gets injured?

Here's the translation of the Chinese sentence into English: 建议采取以下五个步骤：首先，立即送医并保存所有病历和费用发票；其次，拍摄设施现状、警示标志和周边环境，申请调取小区监控，防止证据灭失；第三，向物业公司书面反映事故情况并索要维保记录，保留沟通凭证；第四，伤情稳定后委托进行伤残鉴定，明确损失范围；第五，与物业公司及其保险公司协商赔偿事宜，若协商不成，在三年诉讼时效内提起诉讼，必要时将物业公司、居委会等管理方一并列为被告，以便法院确定责任比例。

The above answer is based on the judicial practice in Beijing. The adjudication standards in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

VII. Relevant public cases (for reference only, not handled by our firm)

The following cases are all sourced from the official websites of courts at all levels, judicial authorities, and authoritative media outlets. They are not related to the cases handled by our firm and are provided solely for reference in understanding relevant adjudication rules. They do not constitute opinions on specific cases.

[Case No.]The case number has not been made public.
[Trial Court]The People's Court of Minhang District, Shanghai City
[Judicial Summary]A nine-year-old child was injured after climbing up the slide in the opposite direction and falling down. The injury constitutes a level 10 disability. At the time of the incident, the guardian was not present to accompany the child, and the child himself had dangerous behavior. However, the property management company had set up intact children's playground facilities and posted warnings, fulfilling its obligation to ensure safety. The court ruled to dismiss all the plaintiff's claims.
[Source]China Court Online (A child was injured after falling down from a slide while going against the direction of the slide and sued his playmate and the property management company) (2023-09)

[Case No.]The case number has not been made public.
[Trial Court]The People's Court of Xingqing District, Yinchuan City
[Judicial Summary]A 10-year-old child was injured while using outdated community fitness equipment, resulting in a level-9 disability. The court ruled that the parents failed to fulfill their guardianship duties and should bear 60% of the compensation, while the property management company failed to fulfill its maintenance and management obligations and should bear 30% of the compensation, amounting to 45,000 yuan. The neighborhood committee should bear 10% of the compensation, amounting to 15,000 yuan. The appellate court upheld the original judgment.
[Source]The People's Court of Xingqing District, Yinchuan City (Who should bear the responsibility for a child's injury on fitness equipment in a residential area?) (2023-07)

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

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.