Who is responsible for the injury to children playing fitness equipment in public places?

With the development of the city, public facilities are also becoming more and more perfect. Walking in the streets of the city, free fitness equipment has become a common facility in many neighborhoods, bringing great convenience to the public. However, because many fitness equipments lack necessary explanations, if an operator accidentally injures them, who will bear the responsibility?

孩子在公共场所玩健身器材受伤责任归谁?

1、Reflect: The child accidentally broke the wrist with a climbing ladder

Recently, the citizen Mr. Hu reported to this newspaper that on the morning of August 27th, when his 12-year-old niece was playing outdoor fitness equipment—climbing a ladder, she fell from a height of more than 2 meters because she did not hold her hands firmly. , causing injury to the right hand wrist. After examination by the doctor, although the child's wrist is not a problem, the bone is damaged and it takes a long time to recover.

“Why is such a high fitness equipment built in so many places for children? Children like to climb and play on equipment. What if they accidentally happen?” said Mr. Hu, because of their children in this community. A lot, so he hopes the community can consider resetting these fitness equipment.

2. Investigation: No fitness equipment in the community

On the 29th, the reporter came to the incident - Nanchang Electrochemical Factory dormitory. Turning around in the community, the reporter found that although each type of fitness equipment had a larger brand in front of it, the above only warned children not to play under the supervision of an adult and did not specify the use of fitness equipment.

For example, "Spacewalker" only reads: "Warning, users must have one person and one machine." But how do users do it, how much pace does it take, how often does it take, and so on.

Afterwards, the reporter went to Mr. Hu’s niece’s accidental climbing ladder and discovered that he had not used the instructions, and only posted a warning sign.

Five children were injured in half a month

I heard that reporters came to interview and nearby residents expressed their opinions. Resident Ms. Huang told reporters that the fitness equipment was installed about two weeks ago. “But at least five children have been injured because of playing on the equipment.” Ms. Huang said that her son is “walking” every day. The machine "played" for a while before returning home. A few days ago one did not pay attention and was injured by one of the brackets.

“Adults cannot be around children at all times, so these fitness equipments have become 'safety hazards'.” Ms. Huang suggested moving away from these fitness equipment.

3, saying

Community: Gym equipment must not be reset

Afterwards, the reporter went to the electrified community to understand the situation. The director of the community, Pan, told reporters that before the incident, they had posted an announcement in the periphery of the fitness equipment that the children could not use the equipment without adult supervision.

“Afterwards, residents were reported to have received reports that some children were injured in playing fitness equipment. The community also posted warning signs on each fitness equipment. Moreover, I often used horn loudspeakers in the community to advise residents not to allow children to play on the equipment. ."

Director Pan said that since the installation of equipment is approved by the municipal planning department, it cannot be reset after installation.

Manufacturer: Equipment without quality problems

Afterwards, the reporter dialed the after-sales phone of the fitness equipment manufacturer. After understanding the situation, the other party stated that accidental injury did not occur because of a quality problem in the fitness equipment itself, but that the injury occurred because the user did not operate it properly. "Since the fitness equipment does not suffer from quality problems such as collapse or fracture, we have no responsibility."

Lawyer: Management Should Take Responsibility

Children are injured when they play on public fitness facilities. Who should pay for it?

In response, Li Zhuqing, a lawyer of Jiangxi Hongcheng Law Firm, said that the facility itself is for the children and the elderly to have leisure. The child has the ability to act, so the guardian does not have any responsibility. If there is no quality problem with the fitness equipment, the management party shall bear the responsibility. If there is no management entity, the parties may claim the joint and several units through the law.

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