Woman playing secret room escape encounter trample finger fracture, claim 30000 yuan fruitless, who should pay the bill?

“we operated under the command of the staff, and then caused trampling injury, which should be fully responsible by the store.” On September 28, Ms. Li had just finished the operation. Although the bone had been connected, her fingers might still be deformed after the operation, which was a big blow to her as a young woman.

finger fracture

recently, Ms. Li and her friends from Chengdu participated in a secret room escape game. Due to the dark indoor light, a stampede accident occurred during the game. Unfortunately, Ms. Li’s finger was trampled and fractured, and her nail bed was damaged. After diagnosis, deformity and residual chronic pain may still exist. To this end, Ms. Li claimed from the store for medical expenses, lost work expenses, nanny fees (nursing workers), mental loss expenses, etc., totaling 30000 yuan.

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in this regard, the store said that if the player is injured in the store, the store does have certain responsibility, but not 100% responsibility. The specific responsibility division needs to be determined by law. At the same time, the store believes that Ms. Li’s claim amount also needs to provide corresponding evidence. At present, the two sides are still unable to reach an agreement.

[accident]

played the secret room escape, their fingers were trampled and fractured, and they claimed nothing from the merchants.

on September 11, Ms. Li and her friends went to a shop called TFs immersive theater to play the game of secret room escape. At first, the players played by themselves, and then the staff participated in the guidance. In the process of customs clearance, a group of people into a few square meters of narrow room, inside a dark, no light. “Originally, everyone was standing, but the staff told them to squat down and say,” I’ll tell you to run quickly and then run. ” Ms. Li said that before the game began, the store told the staff to listen to the command in the process, otherwise it would be easy to cause danger. So, when they heard the scene staff call for a quick run, everyone got up to run, but the accident still happened.

“in the process of running, I was pushed down, my finger was trampled and fractured.” According to the game video provided by Ms. Li, in the video, the original standing players squat down under the command of the staff, and then there are objects moving. Everyone gets up and runs out. On the way to run, Ms. Li, who is located on the far right, has not yet stood up. She is pushed to the ground by the players in the rear. Then two players fall down and press on her.

secret room game

Ms. Li fell down

“my finger fracture, nail bed was seriously damaged, nails were not preserved, there will be deformity.” After the accident, Ms. Li went to several hospitals for treatment. According to the preliminary diagnosis results, her right hand fourth phalanx distal phalanx fracture, nail bed injury, postoperative deformity and residual chronic pain. On September 28, Ms. Li had just finished the operation. Although the bone had been connected, her fingers might still be deformed after the operation and could not recover to the previous appearance. This was a big blow to the young woman: “I am a little girl, which has a great influence on me in the future. I will definitely find a beauty hospital to repair it.”

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for this, Ms. Li thinks that the store should be fully responsible for the matter, and claim from it the cost of lost work, nutrition, nursing, repair, etc., totaling 30000 yuan. “There is a certain security risk in this room. It is very small. There are so many people gathered in the room, and there is no light.” Ms. Li said that according to her understanding, she was not only injured in the same room, but other players were also injured. Secondly, she believed that the fall was not caused by her own running, but was operated under the guidance of the staff, which caused trampling injury. The store should be fully responsible for it.

however, the store did not recognize Ms. Li’s claim.

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Ms. Li initially diagnosed cases of

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finger fracture

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[business response]

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will not escape. The specific division of responsibilities needs to be determined by law

on September 28, the Red Star News reporter came to the TFs immersion theater. The owner of the store was not in. A staff member who followed up on the matter explained the relevant situation. The staff member said that after the incident, she had consulted with Ms. Li for many times and still failed to reach an agreement. The dispute mainly focused on the division of liability and the proof of compensation amount.

stores understand that Ms. Li’s appeal is to let the store take full responsibility and compensate for all medical expenses, lost work expenses, nanny fees and spiritual compensation fees. “First of all, this is what happened in our store. We will be responsible for the responsibility, and we will not escape.” Staff said that the store has a certain responsibility, but not 100% of the responsibility, the specific responsibility division needs to be identified by law. Before the responsibility is divided, the corresponding medical expenses will be paid in advance and actively cooperate. After the responsibility is divided, the next compensation will be made. And compensation, the store is willing to pay, “compensation can, but need to be based on.” The store thinks that Ms. Li’s compensation of 30000 yuan needs to show relevant evidence to prove, such as the specific time of the lost work fee, the hospital needs to provide the corresponding proof, the number of months of work lost, whether the degree of injury reaches the degree of loss of work, etc.

, then is there a security risk in the game of this project? Staff said that if there is a consumer response, the store will consider further optimizing the game type according to the actual situation to reduce the security risk.

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after operation, Ms. Li treated

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secret room game business

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lawyer’s opinion > > > medical expenses, missed work expenses or corresponding support for

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mental loss cost of

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are less likely to be supported by law

in July 2013, a citizen in Chongqing escaped from playing in a secret room and fell seriously injured; in 2017, Ms. Hu, who was playing the secret room game, accidentally fell to the ground due to the “accidental” failure of the ladder. After that, she sued the company operating the secret room to the court; on January 4, 2019, a secret room escape game room “accidental” fire in northern Poland, killing 5 girls and 1 man Hurt recent yearsSecret room escape game is very popular among young people, but with it security problems occur frequently. Who should pay for the final loss? Wang Yingzhan, a lawyer of

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Sichuan Zongmu law firm, believes that: according to Article 37 of the tort liability law, managers of public places such as hotels, shopping malls, banks, stations, entertainment places or organizers of mass activities who fail to fulfill their security obligations and cause damage to others should bear tort liability. For the sake of management, the game design has certain risk-taking and stimulating links. However, as an operator, it should have a certain expectation on the business type and the risks that the players may encounter. The participants of the game should be provided with basic and necessary physical protection facilities. As the game room itself is dim, which leads to the occurrence of danger, we should deal with Ms. Li We are responsible for our injuries. As a person with full capacity for civil conduct, Ms. Li should have basic safety knowledge. She knows that there are risks in the games she participates in. She should pay attention to her personal safety. She also has part of the responsibility for her injuries. Ms. Li of

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proposed to compensate for the loss, including the loss of work expenses, if Ms. Li’s income is reduced as a result of this, she can claim; for the nursing fee, if Ms. Li needs nursing care and actually employs a nurse, she should support it; for the mental loss fee, it will not be supported if it does not constitute a disability. Yin Xiaodong, a lawyer of

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Taihe law firm, believes that the division of responsibilities in general cases should be considered based on whether the two sides have signed an exemption agreement, whether the store has endless obligations to inform, prompt and protect the safety, and whether the consumer is an adult or not.

in view of Ms. Li’s accident, consumers to shop, businesses have the obligation of security, especially this kind of dangerous game, that business should do security measures. At the same time, Ms. Li, as a person with full civil capacity, should have basic safety knowledge. She knows that there are risks in the game she participates in, and she should pay more attention to her personal safety. If the business game settings are unreasonable, the staff operation error, should do the responsibility is not done, will bear the corresponding responsibility.

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proposed by Ms. Li, including medical expenses, loss of work expenses, etc. may be fully or partially supported in the case of corresponding bills. As for the spiritual loss fees, because the merchants have no intention of infringement, the possibility of legal support is small. Therefore, it is suggested that both parties should negotiate first. If no agreement can be reached, mediation can be carried out through the consumer association and other institutions. If the mediation fails, a lawsuit can be brought to the people’s court to solve the dispute. The specific amount of compensation can not be unilaterally claimed by one party, and the liability of both parties should be reasonably determined according to the corresponding evidence, and the settlement should be settled through negotiation or decided by the court.

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Red Star journalist Zhang Zhaoting reports