Hit the net red game fall, who will be responsible for?
Source | China central television (CCTV) said today (WeChat ID: CCTVJRSF) finally made the decision to go to clock in web celebrity game fun is really bad and really chamber of difficult to escape, a big fall zhang LAN (not his real name) met with friends to experience “grass” has a long time of the chamber of secrets escape game.In the game, Zhang LAN accidentally fell down and could not walk.Zhang LAN was sent to the hospital by a friend, the hospital diagnosis is: right ankle fracture.After that, Zhang LAN underwent three hospital surgeries.The operator that the chamber of secrets escapes escapes escapes company (alias) agree to cooperate Zhang LAN to treat at first, advanced paid a part of cost, can evade again and again later, follow-up cost is paid entirely by zhang LAN oneself advance.Zhang LAN thinks, fled to escape the company as the chamber of secrets escape game operators, safety guarantee obligation to participate in the game personnel, facilities within the game places pose a safety hazard, fled to escape the company under the situation of with knowledge of the potential safety hazard, no post warning signs, and interior lights dim, for the people who take part in the game for the first time is not enough to prevent, causing her to suffer severe damage,Should bear tort liability.Zhang LAN requested the court to order the company to compensate her for more than 550,000 yuan and bear the litigation costs of the case.The company claimed that exclusive anti-skid socks were provided in the game site, and there was exclusive lighting in the area where Zhang LAN was injured. Other members of Zhang LAN’s company squatted down and went downhill slowly according to the rules of the game, but Zhang LAN almost ran downhill, resulting in her unstable center of gravity and her right foot sprained out of balance, resulting in her injury.Therefore, they claim to bear up to 50% of the liability and compensation.In court hearing, Zhang LAN entrusts appraisal organization to undertake appraisal on its injury situation, appraisal opinion is: Zhang LAN disable grade is ten, false construction period is 180 days, nursing period is 60 days, nutrition period is 90 days.The court after hearing that Zhang LAN in the escape of the company’s stores to participate in the escape from the game fell, fled the company although said to do all the security obligations, but did not submit evidence within the legal time limit to prove that its claim is not accepted, fled the company should zhang LAN’s damage consequences assume tort compensation liability.As for the specific amount and name of compensation, it will be calculated and judged according to the bill submitted by Zhang LAN and deduct the advance expenses paid by the escaping company.In addition, Zhang LAN was disabled due to injury in the game, which would cause certain physical and mental damage to her, so we support her claim of mental damage compensation.The court ordered the company to pay 508,000 yuan in compensation for Zhang’s medical expenses, nursing expenses, hospital food subsidies and missed work, and rejected Zhang’s other claims.Human CS accident, who is responsible?Li Kui (alias) and friends to participate in a company’s outdoor “CS” play projects.In the process of running, Li Kui accidentally fell, was diagnosed as a right ankle fracture and other abrasions.Li Kui believes that as a company specializing in sports events, the company should take complete precautions against various risks in the project. Now, it is due to the company that caused its own injury, and the company refused to communicate and did not pay any medical expenses, so it should bear tort liability.Therefore, Kui Li filed a lawsuit to the court, asking the court to order the company to pay 325,000 yuan for the costs and bear the litigation costs of the case.The company submitted photos of the accident site, proving that the accident site was paved and equipped with night lighting facilities, all the baffles were wrapped with cushioning and safety materials, and warning signs such as “Do not rush” and “beware of falling” were set up in many places.And said that Li Kui entered the game venue without buying a ticket, the reason for the fall is in the process of walking stepped on his own loose shoelaces resulting in sprain injury, injury liability is in its own.After the incident, the company promptly called 120 ambulance number and paid 120 ambulance fee in advance, which has fulfilled the necessary rescue obligations of the operator.Therefore, li Kui’s claim for compensation is not accepted.In the end, the court heard that the company claimed that Li Kui entered the venue without permission, not in line with the common sense of life, not accepted.Li Kui claimed that the ground was wet and uneven, which led to the fall and injury during running. However, after checking the weather on that day was sunny, and Li Kui did not provide evidence to prove that the ground was wet and uneven, now the company is required to bear the responsibility for his injury, and the court does not support his lawsuit.In the end, the court rejected all of Li Kui’s claims.The judge said that the managers of hotels, shopping malls, banks, stations, entertainment venues and other public places or the organizers of mass activities did not fulfill their security obligations and caused damage to others, should bear tort liability.As the operator of the escape room, we should pay attention to the safety of every game personnel.As game participants, they should pay attention to guard against relevant risks in the game and keep good consumption vouchers. In case of injury, they should immediately call the police and timely retrieve and save public videos and other key evidence of rights protection.Similar to human CS and other outdoor entertainment projects have a certain risk, operators should have higher security and risk warning obligations.Before the start of the game, each participant should be informed and emphasized safety precautions. During the game, they should be supervised throughout the whole process, and dangerous behaviors should be stopped and timely warned.As a person with full capacity for civil conduct, game participants should bear corresponding responsibilities for the consequences of their own actions.If an actor infringes upon the civil rights and interests of others through his fault, he shall bear tort liability.Article source: Public account @Beijing Haidian Court