Jingjing and her grandmother went to a children's theme park to play, and met Xiaoli, who was playing alone. Xiaoli and Jingjing are about the same age, and the two quickly become good friends. Xiaoli accidentally stepped on Jingjing while chasing Jingjing, causing Jingjing to fall on the trampoline. Jingjing suddenly felt a sharp pain, and she couldn't help crying. Seeing this, Grandma quickly helped Jingjing up and comforted her. Jingjing's pain gradually intensified, and she could not continue walking.
Grandma was so anxious that she hurriedly took Jingjing to the hospital for treatment. After a doctor's diagnosis, Jing Jing was diagnosed with a tibial fracture. Subsequently, Jingjing's parents decided to sue Xiaoli, Xiaoli's parents and the operator of the children's park to the court in the name of Jingjing, demanding that they bear the medical expenses and other expenses incurred by Jingjing due to the accident. Xiaoli's parents said that they had purchased tickets for the children's park, and that the park should be responsible for supervising the operation of the project. They believe that Jingjing's injury is related to the park's mismanagement, and that the park should be held responsible. The operator of the children's amusement park argued that if a third party infringes upon infringement in the amusement park, the third party shall bear the tort liabilityIf the operator of the amusement park fails to fulfill its security obligations, it shall bear the corresponding responsibility. They insist that they have fulfilled their security obligations and should not be held liable for any damages.
After trial, the court held that Jingjing was still under the age of five, and when playing in the park with a certain risk factor, as a guardian, she did not fulfill her full guardianship responsibilities and should bear certain responsibilities;Xiaoli's guardian did not accompany her and let her play alone, and also failed to fulfill the corresponding guardianship responsibilities, causing her to accidentally step on the plaintiff while playing on the trampoline, which constituted infringement and should bear the corresponding tort liabilityAs for the operator of the children's park, it took a laissez-faire attitude towards Xiaoli's behavior of playing alone, and did not arrange corresponding staff to maintain order or guide the park, and did not fully fulfill its safety and security obligations.
Taking into account the degree of fault of the parties, the court decided that the plaintiff should bear 40% of the losses quietlyXiaoli bears 30%;Children's Paradise bears 30% of the supplementary liability.
Lawyer Tang reminds you.
When parents take their children to play in the children's park, they must carefully read the safety precautions, choose the appropriate amusement equipment according to the age and mind of the child, and at the same time, ensure that the child is always in their sight and fulfill their guardianship obligations. Similarly, the business of children's parks should also do a good job in the daily maintenance of the business project, fulfill the necessary care responsibilities and safety obligations, such as posting admission instructions, safety warnings, and arranging staff to maintain order, etc., to avoid the occurrence of such disputes as much as possible.
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