Is the stadium responsible for the sudden death of playing sports? (Lawyer's mailbox)

 ■ Case review

  On July 9, 2020, Lao Luo suffered a cardiac circulatory system emergency when he was playing table tennis with a golfer at a sports company in Kunming.

Within a few minutes, the golfer dialed 120, but the old compass died without rescue. The cause of death was sudden cardiac death.

  Lao Luo’s relatives believed that when Lao Luo suddenly became ill, the staff neither took reasonable first aid measures nor dialed the 120 emergency number in time, which delayed the precious rescue time. Kun's company's fault and Luo's death There is a direct cause and effect relationship.

So he filed a lawsuit with the People's Court of Baiyun District, Guangzhou City, requesting a sports company in Kunming to compensate for the loss of 466,000 yuan.

  After the judge visited the stadium of a company in Kunming on the spot and held a trial, he determined that:

  First of all, from the perspective of site and facilities, the site involved in the case has a large space. The site is designed with an entrance and a ventilation opening. The top of the site is ventilated in a split-level non-fully enclosed manner and equipped with 5 fans for ventilation. There are potential safety hazards that can easily cause accidents of athletes due to hypoxia, heatstroke and other accidents.

  Secondly, from the perspective of first aid personnel and medicines, although the stadiums involved were not equipped with specialized first aid personnel and medicines, the sports items operated by a company in Kunming are not high-risk sports items such as swimming and skiing. Generally speaking, they are risky. Small, and the current national law does not have compulsory provisions on the provision of first aid personnel, first aid drugs and equipment in table tennis courts, badminton courts and other sports venues. Therefore, it cannot be considered that the lack of first aid personnel, drugs and equipment is equivalent to insufficient safety protection. obligation.

  Finally, from the perspective of service management and emergency measures, according to the statements of witnesses Awen and Akun at the scene, Lao Luo was found immediately after falling to the ground. Akun and other golfers also immediately took first aid to Lao Luo. Measures, and immediately called the 120 emergency number.

From the above situation, it can be seen that a company in Kunming handled emergencies relatively quickly, and the response measures were not improper, reaching the usual level of attention and assistance that similar operators should achieve.

  In summary, the court ruled to dismiss all claims of Lao Luo's relatives.

  ■ Legal interpretation

  The provisions on the legal responsibility of hotels, hotels and other security obligors are clearly stipulated in the "Civil Code". Article 1198 of the law stipulates that "hotels, shopping malls, banks, stations, airports, stadiums, etc. Operators, managers, or organizers of mass activities in entertainment venues and other business venues, public venues, who fail to fulfill their obligations to ensure safety and cause damages to others, shall bear tort liability. Where the actions of a third party cause damages to others, The third party shall bear the tort liability; the operator, manager or organizer shall bear the corresponding supplementary liability if the security guarantee obligation is not fulfilled. After the operator, manager or organizer assumes the supplementary liability, it may seek compensation from the third party. "On the basis of the Tort Liability Law, this provision further clarifies that the scope of the subject of safety guarantee obligations is "operators of business premises and public places". This expression clearly indicates that the operators of relevant places are responsible for safety guarantees. The subject makes the legal expression more scientific and rigorous.

In addition, the law has expanded the scope of responsible persons and is no longer limited to managers. Operators, managers or organizers of mass activities can all become the main body of responsibility, which is helpful to improve the efficiency of consumer rights protection, especially for It is of great benefit to solve the protection of consumer rights under the situation of separation of operation and management.

  ■ Attorney reminds

  For operators, managers or organizers of mass activities, they must use facilities or equipment that meet the requirements of safety regulations in relevant places, take appropriate safety measures, and set up necessary warnings, advices, and instructions. For steps, glass doors and windows In places where accidental injuries may occur, such as obstacles, careful safety protection measures must be taken.

  In addition, it is necessary to regularly or irregularly check billboards, wall tiles and other easily falling off attachments to prevent the occurrence of falling buildings or structures in the site.

At the same time, it is necessary to focus on strengthening the attention and assistance of minors and special consumers such as the elderly, the weak, the sick, the disabled, and pregnant in the premises, and promptly stop their potentially dangerous behaviors.

Places where conditions permit should also be equipped with first aid equipment such as automatic external defibrillators (AED), and the relevant staff of the place should be proficient in using methods to save the lives of consumers in cardiac arrest to the greatest extent when danger occurs.

  For third-party infringement cases, site operators and managers must do a good job of on-site protection and evidence collection and preservation, and report to the police in time to avoid or reduce the possibility of assuming supplementary responsibilities. Even if they have assumed relevant responsibilities, they can still be Recover compensation from the infringer and protect its legitimate rights and interests.

  (Zhu Zheng, Director of Beijing Jingshi (Hefei) Law Firm)