In order to attract more customers, many businesses have established children's entertainment areas in their business sites, which has also become a good place for many parents to "walk their children". Who should bear the responsibility when a child is injured while playing in the children's entertainment area? Recently, Shucheng Court concluded a dispute over the right to health in accordance with the law, ruling that the plaintiff and the defendant should bear legal liability at a ratio of 3:5:2.
Case review
In January 2023, a 7-year-old boy named Xiao Ming came with his parents to play in the children's entertainment area of a leisure center. Xiao Ming and other children got angry after throwing sea balls at each other. Later, when they entered the trampoline area to play, Xiao Ming became angry with Xiao Jiang and other children and reached out to grab their clothes. Xiao Jiang grabbed Xiao Ming's shoulder and circled, causing a crack of 2cm below the left eyebrow bone of Xiao Ming's face. After being sent to the hospital for treatment, it cost more than 2400 yuan. The two parties failed to reach an agreement on the compensation after the alarm. Xiaoming's mother, as the legal representative, filed a lawsuit to the court, requesting the defendant Xiaojiang, his mother and a leisure center to jointly compensate for the medical expenses, facial scar repair costs and other losses of more than 7700 yuan.
Court hearing
In the trial, the plaintiff and the defendant each insisted on their own words.
Xiaoming's mother believes that Xiaoming's injury is caused by Xiaojiang's behavior. Xiaojiang's mother, as a guardian, should bear 70% of the compensation liability, and a leisure center should bear 30% of the compensation liability for failing to pay attention to and ensure safety.
Xiaojiang's mother believed that, as a minor, the guardians of both parties failed to fulfill their care responsibilities, and the facilities of the leisure center also had potential safety hazards, which caused the plaintiff's injury due to various factors.
A leisure center believes that the presence of staff has reminded the prohibition of fighting, and parents should bear some responsibility.
Then, how should the plaintiff and the defendant bear the responsibility? The court held that citizens' right to life and health was protected by law. If the actor infringes upon the civil rights and interests of others due to his fault, he shall bear the tort liability. The plaintiff Xiaoming is a person with no capacity for civil conduct under the age of 8. He plays alone in the children's area, fights with others, gets angry with the defendant Xiaojiang, pulls his clothes and gets hurt. The plaintiff and his guardian have certain faults and should bear corresponding responsibilities. The defendant, Xiaojiang, is a minor, who fell and injured himself due to fighting with the plaintiff when he was out of custody. Xiaojiang and his guardian have certain faults and should also bear corresponding responsibilities. The leisure center, as the security obligor, has set up warning signs in the children's area, but has not arranged special security personnel. It has failed to pay attention to and prevent the occurrence of accidents and other security obligations, and has certain faults, so it should bear the corresponding responsibility for its faults. The actions of the plaintiff and the defendant are directly combined to form a joint infringement, and the plaintiff's losses are verified to be more than 7200 yuan. According to the Civil Code of the People's Republic of China and other laws and regulations, it is judged that the three parties bear legal liability at a ratio of 3:5:2, that is, the plaintiff Xiaoming bears 30% of the liability and the defendant Xiaojiang guardian bears 50% of the liability, A leisure center takes 20% responsibility.
The judge said
In this case, the injured child is a person with no capacity for civil conduct. According to Article 1188 of the Civil Code, if a person with no capacity for civil conduct or with limited capacity for civil conduct causes damage to others, the guardian shall bear the tort liability. If the guardian performs his duty of guardianship, his tort liability may be reduced. Xiaoming's parents, as guardians, are negligent in watching and failing to fulfill the corresponding guardianship responsibilities, and should bear the corresponding responsibility for the child's injuries. If the child who causes injury to others is a minor, his guardian shall bear corresponding responsibilities according to law. As an entertainment place set up in a leisure service place to provide services for minor children, its operators should fulfill their security obligations according to law, including not only the security obligations for "things", that is, the security obligations for the buildings, supporting facilities, equipment and other places under their control, but also the security obligations for "people", That is to say, appropriate personnel should be allocated to provide protection against outside and third party infringement for others participating in social activities. If the leisure center fails to fulfill its security obligations within a reasonable range, the operator should bear the corresponding liability for compensation according to law.