[Direct answer]In the Beijing area, the "inherent risks of the activity" are borne by the participants themselves, not the "fault of the operator" — bungee jumping is a typical self-assumed risk activity. Participants voluntarily participate in it, and under the premise of normal equipment and standardized operation, the damage caused by the inherent characteristics of the activity should generally be borne by themselves (Article 1176 of the Civil Code of the People's Republic of China); however, as the bungee jumping venue is an operator, it has a statutory obligation to ensure safety. If the harm is caused by equipment defects, failure to conduct a health declaration review, operational errors, or delayed rescue, the operator shall bear compensation liability in accordance with Article 1198. The "assumption of risk" statement on the ticket does not constitute a waiver of the operator's fault.
1. Problem background and typical scenarios
Bungee jumping, skydiving, diving, rafting—extreme sports offer both thrills and risks. After an accident, operators often present a signed "liability waiver": participants assume all risks and bear all consequences. The participants' main concerns are: Do they really accept all the risks after signing the waiver? What if the rope breaks, the bounce coefficient is calculated incorrectly, or the staff fails to ask if they have a heart condition? Are these also considered "assuming all risks"?
II. Key points of contention
First, the scope of application and exceptions of assuming risks voluntarily. Second, the specific content of the operator's obligation to ensure safety. Third, the legal effect of the disclaimer. Fourth, accident investigation and evidence preservation.
III. Professional analysis by Henglue Law Firm
The first layer concerns the application and exceptions of assuming risks voluntarily: Article 1176 of the Civil Code applies to situations where "participants are harmed by the actions of other participants" — bungee jumping is typically a solo activity, so the practical applicability of this rule is limited. A more relevant framework is the general legal principle of voluntarily assuming risks and the operator's obligation to ensure safety: participants assume the inherent risks of the activity (such as muscle strains during normal jumps, fear of heights, or occasional discomfort under standard operating procedures), while the operator's fault-related risks (equipment, operations, and information disclosure) are not included. Exceptions are equally important — if other participants' actions cause harm due to intentional or gross negligence, liability is allocated according to fault. The second layer outlines the operator's obligations: bungee jumping venues' review and protection duties include — participant health disclosure (reviewing contraindications such as heart disease, hypertension, osteoporosis, and pregnancy), equipment maintenance and inspection records (regular inspections and replacement of bungee cords and safety belts), operational procedures (double verification and calculation of weight and bounce coefficient), site protection (jumping platform railings and water surface safety), and accident rescue (rescue personnel and plans, with operators liable for delayed rescue causing expanded damages). If the operator fails to fulfill these obligations and causes harm, they bear tort liability. When third parties intervene, the operator also bears supplementary liability for unfulfilled obligations. The third layer addresses the legal effect of waiver clauses: according to Article 506 of the Civil Code of the People's Republic of China, waiver clauses that cause personal injury are invalid — signing a "Risk Disclosure Form" does not waive the right to claim compensation for personal injury. The real purpose of the disclosure form is to prove that the operator fulfilled their risk warning obligation, and the scope of the obligation reduces their fault, but cannot conceal their failures in review and equipment. Courts review the actual fulfillment of obligations, with the waiver document serving as only one piece of evidence. The fourth layer focuses on accident handling and evidence collection: post-injury actions — seeking medical treatment and documenting injuries, requiring the operator to provide an accident report, requesting access to equipment inspection records and operational videos (special equipment categories' inspection archives are accessible through regulatory authorities), and securing witness testimonies. Claims are evaluated along two lines: the operator's fault (verifying equipment, disclosure, operations, and rescue) and inherent risks (medically related injuries directly related to bungee jumping actions). Compensation is calculated according to personal injury standards, with the operator's public liability insurance serving as the main source of compensation. Prevention advice for participants: truthfully fill out health disclosure forms, observe venue equipment conditions, and choose fully licensed formal venues — these are both safety prerequisites and clean evidence for future liability allocation.
IV. Practical suggestions and legal basis
The first step is to choose a fully licensed venue for high-risk activities and provide truthful health disclosures. The second step is to seek medical treatment and leave evidence after an accident, request an accident report, and secure video of the operation and testing records. The third step is to evaluate the operator's faults item by item according to the four obligations of the operator. The fourth step is to first seek compensation from the operator's liability insurance and litigate disputes according to personal injury standards. The main legal basis: Articles 506, 1176, 1188, and 1179 of the Civil Code of the People's Republic of China; the specific application shall be subject to the currently effective regulations.
5. Henglue Law Firm's Reminder
Three key points about bungee jumping injuries: inherent risks are at your own risk, and operators must compensate for any negligence. Don't confuse these two concepts. Health disclosures and equipment inspection records are the keys to determining liability. Immediately secure evidence after an injury. Disclaimers can't prevent personal injury, and the fine print on the ticket isn't the final word. For injuries related to extreme sports, you can seek legal assistance throughPersonal injury and medical disputesWe provide a comprehensive solution for services, which can be combined with the investigation of special equipment accidents.Land expropriation and demolition, and administrative litigationThe administrative procedures experience in the plate, which involves insurance claims disputes, can be referred to for referenceBusiness and contract disputes in enterprisesFor those interested in timeliness and compensation execution, you can pay attention to this columnCreditor's rights and debts, and enforcementFor specific fields, please refer to the case assessment for more detailsSpecial services.
VI. Frequently Asked Questions
Q1: If I've signed a waiver of liability agreement, can I still sue the bungee jumping venue?
Yes. The exemption clause for personal injury is invalid, and the agreement cannot override the obligation of safety protection stipulated in Article 1198; the outcome of the lawsuit depends on the factual evidence of the operator's fault.
Q2: You let me jump without asking me first. Who will be responsible if something happens?
The review of health disclosures is a basic obligation of operators. If an operator proceeds with the operation without inquiring about contraindicated diseases, the fact that the operator has failed to fulfill his obligations is established, and the operator shall bear compensation liability according to his fault.
Q3: If the bounce coefficient of the rope is calculated incorrectly, resulting in an injury from a collision, how should this be classified?
This is a fault at the level of operations and equipment, which is not within the scope of assuming the risk voluntarily; keep weight records, bounce parameters, and accident reports as direct evidence to assert the operator's liability.
Q4: What should I do if the operator is only willing to compensate for the ticket price after a fall injury?
The compensation for personal injury is calculated according to statutory items (medical expenses, loss of income, nursing care expenses, disability compensation, etc.), which far exceed the ticket price. If no agreement can be reached through negotiation, a lawsuit will be initiated based on the fault, and public liability insurance will cover most of the compensation.
Q5: My friend pushed me down, can he be held responsible for this?
Participants who act with intent or gross negligence shall bear liability in accordance with the exceptions stipulated in Article 1176; the degree of fault of such acts as pushing and encouraging others to jump shall be reviewed together with the operator's obligations, and the liability shall be apportioned proportionally.
This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.
If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant 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 publicly available 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.