[Direct answer]Free services do not exempt operators from liability. Operators of commercial venues such as shopping malls and experience halls have an obligation to ensure the safety of consumers entering the premises, and this obligation also applies to free trials. If harm is caused by equipment defects, lack of operational guidance, failure to provide warnings, slippery floors, etc., the operator shall bear compensation liability according to their fault. The equipment manufacturer, event organizers, and the shopping mall may share joint liability; if the consumer themselves ignore warnings or operate in violation of regulations, their fault may offset and reduce the other party's liability. Claims process: fix evidence at the scene, seek medical treatment and keep records, negotiate with the shopping mall, or file a lawsuit.

1. Problem background and typical scenarios

In the mall atrium, there are VR equipment experiences, massage chair trials, and children's playground facilities, where you can scan the QR code to play without paying a penny. However, after accidents like falls, pinch injuries, or collisions occur, the merchants simply say, "The free experience is at your own risk," and try to shrug it off. Many people don't realize that "free" is just a marketing tactic, not a reason to evade responsibility.

II. Key points of contention

First, the scope of the obligation of ensuring safety: facility safety, warning and notification, and on-site management. Second, whether free trial participants are protected objects. Third, the division of responsibilities among multiple parties: the mall, the equipment provider, and the event organizer, including joint and several liability and proportionate liability. Fourth, the effectiveness of the disclaimer and the offset of negligence.

III. Professional analysis by Henglue Lawyers

Based on Henglu Lawyer's experience in handling personal injury cases in public venues, the key points for determining liability in free trial injury cases are as follows: 1. **Legal Basis of Liability**: The operator has a duty of care towards visitors to the venue, regardless of whether they pay or not. Free trial participants are potential consumers who are invited to the venue and deserve equal protection. The "At Your Own Risk" notice only serves to reasonably warn of inherent risks and cannot exempt the operator from liability for facility defects or management negligence. 2. **Liability Assessment**: - **Equipment Inspection**: Check whether the equipment has a quality certificate and regular maintenance records, and whether the operating procedures are clearly displayed. - **Staff Supervision**: Ensure staff are present to guide users. - **Environmental Factors**: Ensure warning signs are conspicuous, protective measures are in place, and hazards like slippery floors are eliminated. - In children's experience scenarios, operators bear a higher duty of care towards minors. Parents' negligence in supervision may constitute a mitigating factor for liability. 3. **Liability Allocation**: - The mall as the venue operator bears primary liability. - Equipment providers and event organizers share joint or joint and several liability. - If equipment defects can be identified, product liability claims can be pursued with a stronger focus on evidence. 4. **Claim Process**: - Immediately secure evidence at the scene: photos/videos of the scene, equipment status, surveillance footage (if requested from the mall), and staff statements. - Ensure complete documentation of medical records and expense receipts. - Compensation items include medical expenses, loss of income, caregiving costs, disability compensation, and emotional distress damages. - First, attempt to negotiate with the mall, which typically carries public liability insurance, with a high success rate. - If negotiations fail, sue both the mall and the equipment provider as joint defendants.

IV. Practical suggestions and legal basis

The first step is to seek medical treatment immediately after the injury and keep all medical records and receipts. For those with stable injuries, conduct a disability assessment. The second step is to secure evidence from the scene and require the mall to preserve surveillance footage and provide equipment maintenance records. The third step is to negotiate compensation with the mall and equipment providers in writing, and keep records of the communication. The fourth step is to sue the mall and relevant responsible parties if no agreement is reached, and claim compensation under the obligation of ensuring safety. The main legal basis: Article 1198 of the Civil Code of the People's Republic of China (effective from January 1, 2021) regarding the obligation of ensuring safety; Article 1179 regarding the scope of compensation for personal injury; and Article 1202 regarding product liability. Article 7 and Article 18 of the Consumer Rights and Interests Protection Law of the People's Republic of China (amended on October 25, 2013) regarding the obligation of ensuring safety and providing warnings. Specific applications shall be subject to the currently effective provisions.

5. Henglue Law Firm's Advice

The three key points of free injury experience: Free services do not exempt safety protection obligations, and notices cannot avoid fault liability; On-site evidence should be fixed on the same day, and it's better to apply for surveillance as soon as possible; Mall equipment providers should also be held accountable, and public liability insurance is a good source of compensation. For claims involving injuries in public places, you can proceed through the following channels:Personal injury and medical disputesWe provide a comprehensive solution for services, which includes the identification of product defectsSpecial servicesFor reference, you can check the sections related to guardianship responsibilities involving child injuriesMarriage, family, and disputesFor any questions regarding the execution of compensation, please feel free to consult us.Creditor's rights and debts, and enforcementTeam.

VI. Frequently Asked Questions

Q1: The notice says that the risk is at your own expense. Can I still file a claim for compensation?

Yes. The format of the notice cannot exempt the operator from their obligation to ensure safety and their liability for negligence; claims for damages caused by equipment defects or management negligence can still be pursued as usual. The notice only plays a certain role in alerting people to the inherent risks.

Q2: The mall said it's the equipment manufacturer's responsibility. Who should I contact?

We will investigate all of them. As the managers of the mall, the mall operators, equipment providers, and event organizers share joint or concurrent liability. They can be sued together to claim partial or joint compensation, and the court will determine the proportion of fault of each party.

Q3: What should I do if there's no surveillance camera?

Immediately request the mall in writing to preserve the surveillance footage and apply to the court to retrieve it. The mall shall bear the adverse consequences of deleting the footage without authorization. At the same time, collect alternative evidence such as on-site photos, contact information of witnesses, and equipment maintenance records.

Q4: If I didn't read the warning signs, how much would my responsibility be reduced?

The degree of negligence will be assessed. If the warning is clear and the consumer obviously violates the rules, the operator may reduce the liability by 30% to 50% through the offset of negligence; if the warning is not sufficient or there is no one on site to provide guidance, the operator will bear the main responsibility and the extent of liability reduction will be limited.

Q5: If a child gets injured during the experience, do parents bear any responsibility?

It depends on the specific circumstances. If the operator fails to fulfill his/her higher duty of care, he/she shall bear the main responsibility; if the parents of children under a certain age are negligent in their supervision, the operator's liability may be appropriately reduced through the principle of fault offsetting, and the proportion of liability between the two parties shall be determined according to the on-site management situation.

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 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 open 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. If you encounter disputes, please consult a practicing lawyer in time.