Escape rooms have become a popular immersive entertainment option among young people in recent years, though they also carry certain safety risks. Recently, the Yueyanglou District People's Court in Yueyang City, Hunan Province, adjudicated a case involving a minor injured while playing an escape room game, ruling that the venue operator bore 80% of the liability for compensation in the first trial.
At the age of 13, Xiao Xin went with classmates to a themed escape room game titled "Ghost Bride." Before the game, Xiao Xin scanned a QR code to sign a "Disclaimer," checking the box for "minor." During the game, due to dim lighting and a terrifying atmosphere, Xiao Xin jumped down from a 1-meter-high scenic platform and fell, resulting in a swollen and persistently painful right ankle. Later, Xiao Xin called her parents, and her father took her to the hospital. The diagnosis revealed fractures in the right medial malleolus and lower segment of the right fibula, along with ankle joint subluxation, as well as a fracture in the distal tibial fibular notch and separation of the right distal tibiofibular syndesmosis. Subsequent judicial evaluation determined that Xiao Xin's injuries constituted a tenth-level disability. Subsequently, Xiao Xin filed a lawsuit, demanding the escape room operator assume liability for compensation.
The operator of the secret room argued that Xiaoxin's injury caused by jumping directly from the scenic well during the game experience was due to using the wrong way to play the game. And he provided safety reminders to Xiaoxin through verbal explanations and written confirmation before the game, and also took safety precautions in the game area, fulfilling his reasonable safety protection obligations.
After trial, the court held that according to the law, managers of public places such as entertainment venues and business premises who fail to fulfill their safety protection obligations and cause harm to others should bear tort liability. In this case, the operator and manager of the secret room involved should carefully verify the minors who enter the venue, fulfill the obligation of comprehensive and sufficient disclosure of the game process, game content, and risks, strengthen supervision and management during the game process, and improve the monitoring, lighting, and other facilities and equipment in the venue. The evidence submitted by the defendant to the court is insufficient to prove that it has fulfilled its prudent security obligations, therefore it should be liable for compensation for the plaintiff's losses. The defendant argued that the plaintiff had already signed a disclaimer in advance, and given that the disclaimer clause was a standard clause provided by the defendant, the content of the clause exempted their own responsibility and increased the responsibility of the other party. The court did not recognize this.
In addition, according to legal provisions, if the infringed party is at fault for the occurrence or expansion of the same damage, the liability of the infringer can be reduced. At the time of the incident, although Xiaoxin was a person with limited capacity for civil conduct, he was over 13 years old and lacked sufficient attention to the dangers of participating in the game. He neglected his own safety management obligations and should bear corresponding responsibilities.
Based on the actual situation of this case, the court has determined at its discretion that the operator of the secret room shall bear 80% of the compensation responsibility, and Xiaoxin shall bear 20% of the responsibility. The judgment has now taken legal effect.
Escape rooms are designed with dim lighting, complex mechanisms, and suspenseful storylines to provide consumers with an exciting experience. But precisely because of this, operators should attach great importance to the safety of the venue, strictly set up safety protection facilities that match the game theme, improve on-site lighting and monitoring, and implement staff supervision and risk intervention mechanisms throughout the process. Especially for minors, operators must fulfill higher standards of notification, dissuasion, and companionship obligations, and cannot be exempted from their legal responsibilities just because of a "disclaimer". As summer approaches, consumers, especially teenagers and their parents, should enhance their risk awareness when choosing entertainment projects, carefully understand the content and risks of activities, abide by the rules of the game, and act within their means. Only under the premise of safety can one truly play with peace of mind and enjoy themselves to the fullest.
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