Case Description

Liu and Li went to a secret room escape game store together to play. During the game, everyone was startled by the sudden appearance of a horror actor. The actor chased after the two according to the plot design. During the panic run, Liu fell and broke a bone. Afterwards, Liu believed that the narrow design of the venue, the pursuit of actors, and the overcrowding of Li were the reasons for his fall and injury. Therefore, he sued the operator of the secret room, Li, to the court.

Lawyer Analysis

Currently, more and more new types of exciting amusement projects are emerging, but once personal and property damage occurs, who bears the responsibility is often complex.

1、 Responsibilities of the business premises

Article 1198 of the Civil Code stipulates that operators, managers, or organizers of public places such as hotels, shopping malls, banks, stations, airports, sports venues, and entertainment venues who fail to fulfill their safety protection obligations and cause damage to others shall bear tort liability.

According to regulations, operators have a safety guarantee obligation. Games with adventurous nature such as escape in secret rooms should bear higher risk warning and safety guarantee obligations due to their inherent stimulation and danger. For example, ensuring a safe and reasonable layout of the game venue, providing safety training and education to employees, and scientifically and safely designing the game plot. In practice, judges in handling such cases will examine whether the consequences of the damage are caused by the business premises. If the operator has fulfilled their safety obligations, such as high visibility at the game site, no obstacles for passage, warning signs, protective measures, etc., and the tourist accidentally falls, it is generally not considered to be caused by the operator. On the contrary, the court will hold the operator responsible for failing to fulfill their safety protection obligations.

2、 Responsibilities of other participants

Article 1176 of the Civil Code stipulates that if a person voluntarily participates in cultural and sports activities with certain risks and suffers damage due to the actions of other participants, the victim shall not request other participants to bear tort liability; However, unless other participants have intentional or gross negligence in causing damage.

This clause is a voluntary risk clause in the Civil Code. According to the aforementioned regulations, victims should have a certain level of foresight for potential risks before participating in activities that have a certain level of stimulation. On this basis, if the victim voluntarily participates in the activity and is injured, if the victim requires other participants to bear responsibility, it is necessary to prove that the other participants, based on intentional or gross negligence, engaged in harmful behavior (such as intentional beating, pushing down the victim, etc.) that caused the victim's injury.

3、 Victim's own responsibility

When the victim participates in the secret room escape game, they should be able to foresee that the game has terrorist factors, which will inevitably lead to panic, fear, and may lead to situations such as running, body friction, and collisions. On the basis of being aware of the aforementioned risks, if the victim still chooses to participate in the game, they should fully take care of the environment and safety within the game venue. On this basis, if personal injury occurs, they themselves also need to bear corresponding responsibilities.

In summary, the court will determine whether each party bears responsibility based on the aforementioned factors and the proportion of responsibility that needs to be borne. It should be noted that many dangerous and thrilling amusement projects usually require tourists to sign a disclaimer upon entry, promising to bear the risks and consequences themselves. However, since the safety obligations of merchants are legal, even if tourists sign a disclaimer, it will not exempt operators from their safety obligations.