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Case Study: Children in the trampoline park in addition to safety accidents, who is responsible for physical injury and disability?
Who Should Be Responsible For The Safety Accident on Trampoline?
Children in the trampoline park in addition to safety accidents, who is responsible for physical injury and disability? Recently, the reporter obtained a responsibility dispute from the Fuan District Court for playing a trampoline park.
On the evening of June 5, 2018, Li Xuan drove with a 5-year-old son to a trampoline park in Fu'an District. After going to the trampoline park, Li Xuan asked his son and friends to get off the bus first, and went to the nearby tea shop to buy milk tea. As a result of the membership card, the son went directly to the trampoline in the park after entering the store.
However, due to the large number of children in the trampoline, a number of children were jumping together on the face. Li Xuan’s son fell during the bounce. The legs were stepped on and he cried. Li Xuan twisted. Milk tea rushed into the store and quickly took the son to a nearby hospital for examination. After diagnosis of a right ankle fracture, multiple surgical procedures are required. After the incident, Li Xuan sued the trampoline park to the Fu'an District Court and demanded that the defendant compensate for the treatment expenses, disability compensation, soothing money, lost time and other losses totaling 100,000 yuan.
Li Xuan believes that the trampoline park has not fulfilled its duty of responsibility for safety. Many children playing on the same net surface do not manage and maintain such high-risk trampoline movements. They should bear full responsibility for the child's disability accidents and comply with the law.
The trampoline park believes that the child is injured because of his own fall; the most important thing is that the child can not be aware of the safety risks, but he enters the hall without the guardian, and the guardian should also bear The corresponding guardianship responsibility; if the child is injured by his child, the parental guardian of the actual injured person shall be liable for compensation.
After understanding the details of the accident case, the court judge explained the two sides:
First of all, the trampoline park provides commercial play services to the outside world, and should guarantee the most basic personal safety of consumers. However, the surveillance camera of the trampoline park failed to record the video of the accident, and the trampoline area did not arrange a special safety guide to carry out the scene. The management of the safety order has led to the failure of the trampoline to prevent and control the risk caused by accidents. This indicates that the trampoline park has not fulfilled the safety guarantee obligations within a reasonable range, and there is obviously a fault. The plaintiff Li Xuan should bear certain liability for compensation.
Secondly, Li Xuan’s child is only 5 years old and is a person without civil capacity. Li Xuan, as his guardian, should perform his guardianship duties to protect his personal safety. However, Li Xuan asked the child to enter the park alone during the incident and did not fulfill his guardian duties. Responsible for the occurrence of accidents.
After listening to the judge's explanation of the case, both parties agreed with the judge's opinion and agreed to mediate the amount of the claim. In the end, the trampoline park agreed to compensate Li Xuan for a total loss of 7.8w yuan, and Li Xuan withdrew the claim.
The trampoline manufacturer Pokiddo amusement reminds that the trampoline movement has certain safety risks, and must pay attention to several aspects in the safety risks of the trampoline park:
1). It is imperative to improve the duties of the trampoline park, especially the job responsibilities and responsibility of the store manager and safety guides, so as to control the safety risks on the root cause;
2). Formulate and improve the emergency plan and safety training for safety accidents, and minimize the damage in the event of a safety accident;
3). Reasonable distribution of safety-guided staff, it is recommended that the trampoline hall distribute the safety guides by area, so that there is no dead space in each place;
4). Strictly implement the safety inspection system to ensure that every place in the museum is in a safe range;
5). Take customer safety as the first priority. When encountering a safety incident, do not shirk responsibility. You should deal with customer injury in time for the first time;
6). The trampoline park must buy liability insurance, which is a kind of protection for both parties.