The disputes are rising year by year. Why are online celebrity amusement projects so troublesome？

　　Because of its sports, fun and fashion, in recent years, emerging amusement projects such as rock climbing, trampoline, bridge swinging, equestrian and bungee jumping are popular among young people and even children, but their safety risks cannot be ignored. On August 31st, in order to promote the health of the emerging amusement industry, Beijing Shunyi Court made a summary of the legal risks reflected in the disputes involving emerging amusement projects, and made suggestions to consumers, operators and relevant departments.

　　Typical case

　　Injury while playing trampoline was not treated in time.

　　Be diagnosed with grade 10 disability

　　A total of five people from Yan and his friends went to play in a trampoline park run by an ecological farm in Beijing. Before entering, Zou and others signed the "Notice of Exemption for Admission Safety".

　　Yan said that it was his first time to play trampoline on the day of the incident. When he entered the venue, no staff told him which areas were advanced and which areas were primary. During the playing process, no staff gave him guidance. He was injured while doing somersault in the white area, and then he did not report his discomfort to the staff. The staff did not give him first aid or take corresponding medical measures. He did not go to the hospital in time because he did not expect to be so seriously injured at that time. Finally, the hospital diagnosed it as a burst fracture of thoracic vertebra 12 and a spinous process fracture of thoracic vertebra 11. After identification, Zou constituted a level 10 disability.

　　In the end, the court found that Yan was responsible for 80%, and the operator was responsible for 20%, and compensated Yan for personal injury losses of more than 60,000 yuan.

　　Coincidentally, when Ms. Xu, a citizen of Beijing, was playing on the Huangqiao Bridge in online celebrity, a water park in Shunyi, Beijing, many tourists accidentally fell into the water, and the pool was too shallow and lacked protective measures, which caused her calcaneal fracture, which was a grade 10 disability. Ms. Xu sued a company that managed it. On July 21 this year, Beijing Shunyi Court ordered a company to compensate Ms. Xu for medical expenses, nursing expenses, lost time and mental damages totaling 175,385.55 yuan.

　　In this regard, Liu Hongyan, president of Niulanshan Court of Shunyi Court, said that most of the emerging amusement projects have evolved from professional sports and there are great security risks. Liu Hong Yan said that due to reasons such as low industry entry threshold, inadequate safety tips, and insufficient personnel and equipment protection, safety incidents caused by emerging amusement projects frequently occur, and such disputes are also on the rise year by year. In 2019 alone, Beijing courts accepted 67 such cases.

　　"It is worth noting that the injuries of the injured in such cases are mostly serious, and the rate of identification as disability is large, which has caused heavy trauma to both the injured and the operators."

　　Risk warning

　　Emerging amusement projects have low barriers to entry.

　　Lack of industry standards

　　At present, places such as trampoline hall, rock climbing hall, partying hall and water park, which are engaged in new amusement projects, are not professional sports venues, and the state has no specific qualification requirements for their operators, and there are also no unified standards and requirements for their market access conditions, venue specifications, amusement facilities, staffing and management level. Operators only need to obtain industrial and commercial business licenses to operate.

　　In addition, the key hardware facilities and safety equipment in the business premises, such as the location requirements, instructions for use, the number of people and the weight of climbing ropes, lack clear specifications and standards, and most of them are purchased or built by operators themselves, and there is no need to go through relevant inspections before they are put into operation.

　　The rules of the game are unclear and the industry supervision is absent. Whether trampoline and other emerging sports have relatively uniform rules and action standards is not fully understood by the general public and players, and the relevant industry departments have not formulated and popularized the rules and precautions of this kind of amusement projects, especially for the players’ own physical requirements, the formulation of rules and the maintenance of game order.

　　In addition, there is also a lack of corresponding supervision over the operators and business premises that operate the above amusement projects. Whether the first-aid drugs, first-aid personnel and measures in the business premises are fully prepared, and whether there are corresponding penalties for operators who have safety accidents, etc., there is still a lack of industry guidance and supervision for emerging amusement projects.

　　Insufficient safety tips in business premises and abuse of exemption clauses. Before tourists enter the business site and prepare to play, most operators do not fulfill their full obligation to inform and prompt, so that players can fully understand the safety risks of the projects they want to play, and then make correct choices and decisions based on their own physical fitness.

　　Uneven staffing and lack of safety guidance. Although emerging amusement projects belong to amusement projects, they are professional and dangerous. However, some operators are not equipped with professionals to save costs, so players can’t ask for help in time when they encounter problems.

　　Consumers’ lack of risk awareness and violation of safety tips. Some consumers do not know enough about the risks that emerging amusement projects may bring, blindly pursue excitement, and imitate difficult movements without professional training and guidance. In addition, some consumers lack sufficient experience and skills to deal with emergencies, and often panic and mishandle them.

　　The judge suggested

　　Consumers carefully and rationally choose play items.

　　Regulatory authorities improve industry norms

　　In view of the above risks, Tu Lin, a judge of Niulanshan Court of Shunyi Court, made corresponding suggestions to the players, operators and relevant departments.

　　Players improve their awareness of risk prevention and choose their play items carefully and rationally. Taking into account the existence of normal risk factors in sports activities, Article 1176 of the Civil Code promulgated this year stipulates that "the victim may not ask other participants to bear tort liability if they voluntarily participate in cultural and sports activities with certain risks and are damaged by the actions of other participants; However, unless other participants have intentional or gross negligence in the occurrence of damage. " Based on the risk-taking principle, the following suggestions are put forward for players:

　　First, read the risk notice carefully and choose the play items carefully. The second is to follow the rules of the game and never challenge high-risk actions. The third is to seek medical advice in time after the injury and keep the evidence properly.

　　The regulatory authorities improve industry norms and strictly supervise and manage.

　　First, improve the industry norms and standards of emerging amusement projects, strengthen the qualification review of business entities and employees, formulate production and installation standards for equipment and facilities of high-risk amusement projects, and introduce basic game rules and prohibitions of corresponding amusement projects. The second is to strengthen the law enforcement supervision of industry operators. It is necessary to intensify the investigation and punishment of illegal acts, refine the safety operation standards, strengthen the implementation of standards, increase the administrative management and supervision of the implementation of safety responsibilities of operators, and improve the standard level of workplace safety management. The third is to improve the relief channels. Open telephone complaints, online complaints and other channels for the misconduct of operators, and punish them once they are verified.

　　Text/reporter Song Xia