A minor was injured while participating in a "haunted house" attraction, but the operator claims exemption via disclaimers. Is it enforceable? Who should bear the responsibility?

[Case Review]

On a weekend, Xiao Fan, a middle school student under the age of 14, visited a "haunted house" attraction with a classmate. During ticket inspection, the staff verified their names and ages, to which they truthfully responded.

Despite noticing the absence of adult supervision, the staff did not prohibit their entry. Instead, they required both minors to sign a disclaimer.

The waiver stated, "Minors must be accompanied by an adult to participate." To bypass restrictions, Xiao Fan and his classmate falsely indicated they were not minors by marking "No" in the relevant section.

Subsequently, the staff allowed them to proceed with the game.

During the game, Xiao Fan, frightened by an actor dressed as a "ghost," panicked and fled, colliding with a door handle. This resulted in a forehead injury that required over ten stitches at a hospital.

When the parties failed to reach an agreement on liability, Xiao Fan filed a lawsuit against the "haunted house" attraction operator, seeking compensation for medical expenses, nursing costs, and psychological distress.

The operator contended that Xiao Fan's misrepresentation of his minor status on the waiver influenced the staff's decision and argued that they should not bear full responsibility for the incident.

[Case Study]

The Huangpu District People's Court of Shanghai (hereinafter referred to as "the Court") ruled as follows after hearing the case: On one hand, Xiao Fan and his classmate had disclosed their age during ticket inspection. The staff did not prevent their entry or provide protective gear for minors. Instead, they required Xiao Fan to sign a disclaimer. As a result, the waiver was deemed invalid, and the "haunted house" operator was held liable for the incident.

On the other hand, although Xiao Fan verbally stated that he was a minor, he did not truthfully complete the waiver or inform and obtain consent from his parents. This behavior reflects deficiencies in honesty and safety education within his family upbringing. Therefore, Xiao Fan and his guardians were also found partially at fault and were assigned partial responsibility.

In summary, based on the degree of fault of both parties, the Court ruled that the "haunted house" operator bears 70% of the liability, while Xiao Fan bears 30%.

Following the first-instance judgment, Xiao Fan appealed, but the second-instance court upheld the original ruling.

With societal development, immersive entertainment activities such as "escape rooms," "haunted houses," and "scripted murder games" have become increasingly popular leisure choices among young people and minors. However, these activities also carry certain safety risks.

I. Entertainment Venues Should Strengthen Their Safety Management Practices

Operators, managers of business and public venues such as hotels, shopping malls, banks, train stations, airports, sports venues, and entertainment establishments, as well as organizers of public activities, bear tort liability if they fail to fulfill their duty of care and cause harm to others. Minors, whose mental development is incomplete and whose cognitive and self-protection abilities are limited, are entitled to a higher standard of protection.

In this case, the "haunted house" operator failed to provide effective warnings or management regarding potential dangers to minors, demonstrating clear negligence. Despite being aware of the minors' status, the operator permitted their entry without providing necessary protective gear, revealing flaws and formalism in their safety management. The duty of care is a legal obligation and cannot be circumvented by "disclaimers." We call on the industry to establish more comprehensive safety standards, particularly protective measures for minors, to ensure their safety during participation in such activities.

II. Families Should Prioritize Safety Education for Minors

Family, as the primary entity responsible for the upbringing of minors, plays an irreplaceable foundational role in the safety education system. In this case, Xiao Fan, as an individual with limited capacity for civil conduct, lacked sufficient awareness of the risks associated with the activity. Furthermore, his false declaration of being a non-minor on the disclaimer reflects deficiencies in honesty and safety education within his family. Consequently, Xiao Fan and his guardians share partial fault and should bear corresponding responsibility.

The Court ultimately ruled that the "haunted house" operator bears 70% of the primary liability, while the guardians bear 30% of the secondary liability. This division of responsibility not only aligns with the principle of equal rights and obligations but also underscores the imperative for families to proactively participate in building a comprehensive safety protection network for minors.

The protection of minors is a collective responsibility. Entertainment venue operators, minors and their guardians, and relevant regulatory authorities must all fulfill their obligations to advance industry standardization and promote social co-governance, creating a safe and healthy environment for the growth of minors.

[Representative Comments]

Song Qing, a deputy to the Shanghai Municipal People's Congress, Party Branch Secretary and Principal of Hehuachi Kindergarten in Huangpu District

In this case, the injury sustained by a minor during a "haunted house" game highlights deficiencies in safety guarantees at entertainment venues and gaps in family education. The Court meticulously evaluated the duty of care owed by entertainment venues and the unique vulnerabilities of minors, ruling the disclaimer invalid and apportioning responsibility based on the degree of fault. This ruling not only upholds the rights and interests of minors but also serves as a critical reminder to both the industry and families of their shared obligations. It exemplifies the fairness and rigor of the law and underscores the judiciary's high regard for the protection of minors.

The protection of minors requires collaborative governance across society. The entertainment industry must enhance their safety management practices, parents should prioritize safety education, and relevant authorities need to improve regulatory measures while raising public awareness. It is hoped that through the collective efforts of all stakeholders, a safer environment for the growth of minors can be created, promoting the comprehensive fulfillment of social responsibilities.

[Relevant Laws]

Civil Code of the People's Republic of China

Article 1165 Where a person infringes upon the civil rights and interests of others due to negligence and causes damage, they shall bear tort liability.

Where an actor is presumed to be at fault according to the provisions of law and is unable to prove that he is not at fault, the actor shall bear tort liability

Article 1173 If the infringed party is at fault for the occurrence or expansion of the same damage, the liability of the infringer may be reduced.

Article 1179 Where a person causes personal injury to another person by infringing upon them, they shall compensate for medical expenses, nursing expenses, transportation expenses, nutrition expenses, food subsidies for hospitalization, and other reasonable expenses incurred for treatment and rehabilitation, as well as income lost due to absence from work. Where a person causes disability to another, they should also compensate for the costs of assistive devices and disability compensation. If the injury results in death, they shall also additionally compensate for funeral expenses and death compensation.

(Case prepared by: Sun Yunqing, Gao Cai, Lu Yiyue, and Tao Yunwen from the Huangpu District People's Court)