Emerging amusement projects such as trampolines and swaying bridges bring safety risks and cause disputes to increase year by year

　　Why do Internet celebrity amusement projects cause trouble

　　Because of their sportiness, fun and fashion, in recent years, emerging amusement events such as rock climbing, trampoline, bridge swing, equestrianism, bungee jumping have become popular among young people and even children, but their safety risks cannot be ignored.

On August 31, in order to promote the health of the emerging amusement industry, the Beijing Shunyi Court specially summarized and reminded the legal risks reflected in disputes involving emerging amusement projects, and made suggestions to consumers, operators and relevant departments.

　　Typical Case

　　Injured while playing on the trampoline and not treated in time

　　Was diagnosed with Grade 10 disability

　　Five of Yan and his friends went to play in a trampoline park operated by an ecological farm in Beijing.

Before entering, Yan and others signed the "Entry Safety Exemption Notice."

　　Yan said that it was his first time to play trampoline on the day of the incident. When he entered the venue, there was no staff telling him which areas were high-level areas and which ones were junior areas, and there was no staff to guide him during the play, so he flipped in the white areas. He was injured from time to time, but did not report to the staff of his physical discomfort, and the staff did not give him first aid or take corresponding medical measures. Because of the injury, he did not expect to be so seriously injured and did not go to the hospital in time.

Finally, the hospital diagnosed: thoracic 12 vertebra burst fracture, thoracic 11 spinous process fracture.

After identification, Yan constituted a tenth degree disability.

　　In the end, the court found that Yan bears 80% of the liability and the operator bears 20% of the liability, and compensates Yan for personal damages of more than 60,000 yuan.

　　Coincidentally, when Ms. Xu, a citizen of Beijing, was playing in a water park in Shunyi, Beijing, she accidentally fell into the water due to a large number of tourists, the pool was too shallow and lacked protection measures, causing her calcaneus fracture, and her injury was Grade 10 disability. Ms. Xu took the manager of a company to court.

On July 21 this year, the Beijing Shunyi Court ordered a company to pay Ms. Xu's medical expenses, nursing expenses, lost work expenses, and mental damage compensation totaling 175,385.55 yuan.

　　In this regard, Liu Hongyan, President of the Niulanshan Court of the Shunyi Court, introduced that most of the emerging amusement projects have evolved from professional sports and pose a greater safety risk.

Liu Hongyan said that due to the low industry entry barriers, inadequate safety prompts, insufficient personnel and equipment protection, etc., security incidents caused by emerging amusement projects frequently occur, and such disputes are also increasing year by year. In 2019, the Beijing court alone 67 such cases were accepted.

　　"It is worth noting that most of the injuries in such cases are more serious, and the rate of identification as disability is high, which has caused heavy trauma to both the injured and the operators."

　　risk warning

　　Low barriers to entry for emerging amusement projects

　　Missing industry standards

　　At present, "trampoline gyms", "rock climbing gyms", "party gyms" and "water parks" that are engaged in the operation of emerging amusement projects are not professional sports venues. The state does not have specific qualification requirements for their operators. There is also a lack of uniform standards and requirements in terms of market access conditions, venue specifications, amusement facilities, staffing, and management levels. Operators only need to obtain a business license to start operations.

　　In addition, for the key hardware facilities and safety equipment of the business site, such as trampoline, swing bridge, inflatable fort, climbing rope location requirements, instructions for use, number of people and weight, etc., there is a lack of clear specifications and standards, and most of them are purchased or purchased by the operators themselves. It does not need to go through relevant inspections before putting it into operation.

　　Unclear game rules and lack of industry supervision.

Whether there are relatively uniform game rules and action standards for emerging sports such as trampolines, the general public and players do not fully understand, and the relevant industry departments have not formulated and popularized the game rules and precautions of such amusement events, especially for the players themselves There are no authoritative explanations for the physical fitness requirements, the formulation of game rules, and the maintenance of game order.

　　In addition, there is also a lack of corresponding supervision over the operators and business premises operating the aforementioned amusement projects.

Whether the emergency medicines and first-aid personnel and measures in the business premises are fully prepared, whether there are corresponding penalties for operators who have encountered safety accidents, etc. At present, there is still a lack of industry guidelines and supervision for emerging amusement projects.

　　Insufficient safety notices on business premises and abuse of exemption clauses.

Before tourists enter the business site to prepare to play, most operators have not fulfilled their obligation of informing and prompting, so that the players can fully understand the safety risks of the items they want to play, so that they can make correct choices and decisions based on their own bodies.

　　Inadequate staffing and lack of safety guidance.

Although emerging amusement projects are amusement projects, they are professional and dangerous.

However, some operators do not have professionals in order to save costs, and players cannot ask for help in time when they encounter problems.

　　Consumers have insufficient knowledge of risks and violated safety warnings.

Some consumers have insufficient awareness of the risks that emerging amusement projects may bring, blindly pursue stimuli, and imitate difficult movements without professional training and professional guidance.

In addition, some consumers lack sufficient experience and skills to deal with emergencies, often panic and mishandling.

　　Judge's recommendation

　　Consumers choose play items carefully and rationally

　　Regulatory departments improve industry standards

　　In response to the above various risks, Judge Tu Lin of the Niulanshan Court of Shunyi Court put forward corresponding suggestions to players, operators and related departments.

　　Players increase their awareness of risk prevention and choose play items carefully and rationally.

Taking into account the existence of normal risk factors in sports activities, Article 1176 of the "Civil Code" promulgated this year stipulates that "voluntary participation in cultural and sports activities with certain risks, and the victim shall not request other participants to bear the burden if the behavior of other participants is harmed. Liability for tort; however, other participants have intentional or gross negligence in the occurrence of damage." Based on the principle of self-contained risk, the following suggestions are made to players:

　　One is to carefully read the risk notification and carefully choose play items.

The second is to follow the rules of the game and refrain from challenging high-risk actions.

The third is to seek medical treatment promptly after injury and properly retain evidence.

　　Regulatory departments improve industry standards and strictly supervise and manage.

　　The first is to improve the industry norms and standards of emerging amusement projects, strengthen the qualification review of business entities and practitioners, formulate production and installation standards for high-risk amusement project equipment and facilities, and issue basic game rules and prohibitions for corresponding amusement projects.

The second is to strengthen law enforcement supervision of industry operators.

It is necessary to intensify the investigation and punishment of illegal acts, refine the safety operation standards, strengthen the implementation of the standards, increase the administrative management and supervision of the implementation of the safety responsibilities of the operating entities, and improve the level of safety management standards.

The third is to improve relief channels.

Set up channels such as telephone complaints and online complaints for the misconduct of the operators, and will be punished once they are verified.

　　Text/Reporter Song Xia