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xiao zhao, a 6-year-old boy, had to take a year off from school due to a tenth-level disability due to a fall while playing on a slide. this was an accident that happened in an amusement park in wusheng county, guang'an city, sichuan last year. afterwards, xiao zhao's parents, as legal representatives, sued the amusement park involved, claiming a total of more than 179,000 yuan in medical expenses, disability compensation, and mental damage consolation funds.

on september 30, a red star news reporter learned through the china judgment documents network that the wusheng county people's court ruled that the amusement park involved should bear full responsibility and compensate the boy more than 176,000 yuan.

what happened:

the protective net at the top of the slide is not strong

6-year-old boy fell and suffered tenth-degree disability

at about 5 pm on january 26, 2023, mr. zhao bought a ticket for 59.99 yuan at an amusement park in wusheng county, and accompanied his 6-year-old son xiao zhao to play in the amusement park.

during this period, when xiao zhao was playing on a children's slide, the protective net behind the top platform of the slide was not firmly fixed to the platform. as a result, xiao zhao fell from the gap between the top platform of the slide and the rear protective net onto the steel pipe frame on the inside of the slide and was injured. . this scene was discovered by mr. zhao in time, and he quickly notified the on-site management staff of the amusement park to send the child to a hospital in wusheng county for treatment.

that night, because xiao zhao's injury was serious, he was transferred to a hospital in chongqing for hospitalization. it was later diagnosed that xiao zhao had an open comminuted femur fracture on his right side and a skin laceration on his right thigh. after judicial appraisal, the disability level was rated tenth.

it is reported that xiao zhao originally went to school in guangdong and had to take a year off from school after being injured. afterwards, xiao zhao's parents, as legal representatives, sued the amusement park involved, requesting the court to award the amusement park a total of more than 179,000 yuan in compensation for medical expenses, disability compensation, and solatium for mental damage.

judgment:

caused by non-guardian's failure to fulfill safety protection obligations

the amusement park involved took full responsibility and compensated more than 176,000 yuan.

in court, the amusement park involved argued that xiao zhao's guardian should also bear responsibility. the instructions for entering the park stated that "guardians must enter the park to perform their guardianship duties and prevent safety accidents." xiao zhao was 6 years old at the time and his height was less than 1.2 meters. his guardian failed to fulfill his guardianship responsibilities and danger foreseeing obligations, and did not fulfill his complete protection responsibilities.

the wusheng county people's court held that if someone infringes on another person's body and causes personal damage, he should be compensated for medical expenses, nursing fees, transportation expenses and other reasonable expenses for treatment and rehabilitation; if he causes disability, he should also be compensated for assistive device fees and disability compensation. . as an operator of an entertainment venue, the amusement city involved should have a high degree of safety assurance obligations and should provide safe and reliable entertainment facilities. however, the protective net behind the platform at the top of the slide in the amusement city was not firmly fixed to the platform, causing xiao zhao to fall from the slide. he fell into the gap between the top platform and the rear protective net and was injured. according to the relevant provisions of the civil code, the safety protection of the entertainment facilities provided by the amusement park involved was defective and failed to protect the personal safety of the plaintiff xiao zhao, and he should bear tort liability.

regarding the issue of whether the guardian should bear responsibility. the court held that although the amusement park involved provided ticket purchase details and entry instructions, it could not prove that xiao zhao or his guardian was clearly informed and reminded before the accident occurred, and that xiao zhao's injury was not caused by the guardian's failure to fulfill his safety protection obligations. as a result of the accident, the amusement city argued that xiao zhao's guardian failed to fulfill his guardianship responsibilities and should reduce his liability for compensation. there was no factual or legal basis for this, and the court did not accept it. xiao zhao's losses should be fully compensated by an amusement city.

the judgment showed that the court determined that the reasonable loss for xiao zhao’s injury was more than 176,000 yuan. in the end, the court ruled that the amusement park involved should bear full responsibility and compensate for medical expenses, nutrition expenses, disability compensation, etc., totaling more than 176,000 yuan.

red star news reporter wang chao