When 31-year-old Wu was playing with two children in a baby paradise playground in Xiangxiang City, the chain on the swinging equipment suddenly broke, causing Wu to fall to the ground.
After the accident, Wu was sent to the hospital for treatment, and after examination, Wu fractured his left inner and posterior ankle, constituting a grade 10 disability. The hospital diagnosed that Wu needed to be hospitalized for 17 days, spending a total of 22,423.1 yuan in medical expenses. The doctor also recommended a missed period of 150 days, a nursing period of 60 days, and a nutrition period of 90 days.
The playground was found partially responsible for failing to meet its safety obligations
Wu initially claimed compensation from the amusement park manager, demanding that the other party bear various economic losses such as medical expenses and lost work expenses. However, the playground refused to compensate, so Wu sued the matter to the court, demanding that the playground compensate for medical expenses, follow-up treatment fees, lost work expenses, nursing fees, disability compensation and other losses, a total of 185,613.07 yuan.
In this case, the court held that as a public place, the playground has a responsibility to bear certain safety obligations for the life and health of citizens entering its premises. However, in this accident, the playground failed to fulfill its duty of care in the safety maintenance of the equipment, resulting in the occurrence of the facility safety accident, and should bear the relevant responsibility.
However, the court also pointed out that Wu, as a user of the playground, should also bear certain safety care obligations. She also had some degree of fault for entering a playground clearly marked as a children's play and using the facility when her weight clearly exceeded the cue standard.
Considering the faults and liabilities of all parties, the court finally ruled that the playground should bear 60% of the liability and compensate Wu for 60% of the total loss, a total of 118,760.72 yuan. The judgment has been enforced in the absence of objection by the parties.
Children's playgrounds must raise the standard of maintenance of safety facilities
In this case, although the specific playground where the accident occurred was marked as "Baby Paradise", it was actually more similar to a children's playground. As the manager of such premises, you must be aware of your higher responsibility for safety.
For special groups such as children, their self-safety awareness and ability are low, and if the management measures are not in place, it is easy to lead to accidents. Therefore, children's playgrounds must take stricter and more cautious measures in terms of equipment safety.
Parents also have guardianship responsibilities and use facilities carefully
When taking children into the public playground, parents first need to pay attention to whether there are clear safety warnings on the spot, and judge whether certain facilities are suitable for use according to their own situation and the child's situation. For facilities that are only suitable for children, adults should have sufficient judgment not to use them.
Second, parents must be complete when children use the facilities
Cheng is accompanied by guardianship. Pay attention to whether the child's movements comply with safety regulations, and stop or divert the child's attention in time if possible safety hazards are found. Children must not be left unattended on the facility alone.
Only when playground managers and participating parents work together to raise safety awareness and be careful can such injuries be avoided to the greatest extent.
Fair administration of justice is reflected in court judgments in accordance with the law
In this case, the court clearly defined the rights and obligations of the parties in accordance with the Civil Code of the People's Republic of China and other relevant laws, and determined the corresponding share of liability according to the degree of their respective faults. This reflects the fairness and impartiality of the judiciary and safeguards the legitimate rights and interests of civil subjects.
Resolving such disputes through judicial channels is also conducive to updating the safety awareness of business site managers and the public, and promoting the safety management level of the whole society. This is of great significance to prevent the occurrence of similar accidents and ensure the safety of people's lives and property.
As a public place, playgrounds have the responsibility to ensure the personal health and safety of citizens entering their premises. However, citizens as users should also be careful to jointly create a safe public environment. Special places such as children's playgrounds should also further improve equipment maintenance and safety management standards. Relevant departments need to strengthen supervision and form a safety culture atmosphere for the whole society.