Beijing court clarifies responsibilities in high-risk sports

A recent court ruling in Beijing has clarified the responsibilities of both individuals and facility operators in high-risk sports, after a resident, who fell while climbing without a safety harness, was deemed primarily responsible for their injuries.

The case, handled by the Beijing No. 2 Intermediate People's Court, involved a person surnamed Wang. In July 2024, Wang bought a ticket to a climbing gym and, after an introductory lesson, continued climbing without wearing the mandatory safety harness. Wang fell and was injured.

Wang suffered a fracture of the right acetabulum and was hospitalized, incurring medical expenses exceeding 3,000 yuan ($448), which Wang paid out of pocket. A forensic assessment later classified the injuries as a disability, with a recovery period of 180 days, and required 90 days each for nursing and nutritional support.

Wang sued the gym and its insurance provider, seeking over 240,000 yuan in compensation for medical costs, disability compensation, lost wages, and psychological damages, claiming the sport venue failed in its duty to ensure safety.

The gym argued that it had posted warning signs and had qualified instructors present. It also provided WeChat message records where Wang admitted to rushing into a climbing challenge and neglecting safety gear.

"Climbing is a high-risk sport, and Wang should have been aware of the risks and the crucial need for a safety harness," the court said. "Wang's decision to skip the equipment due to impatience and a desire to conquer the route made Wang primarily responsible for the fall."

However, the court also stated that climbing gyms, as operators, have a higher duty of care than regular venues.

"This duty includes more than just posting signs and having staff; it requires ongoing, effective management and intervention," it explained. While the gym had warning signs, its employees failed to quickly identify and stop Wang's risky behavior, indicating a lack of adequate safety measures and a degree of fault.

Therefore, the court assigned 70 percent of the responsibility to Wang and 30 percent to the gym. Since the gym had liability insurance, the insurance company covered most of the compensation. Ultimately, the court ordered the insurance company to pay about 69,000 yuan, and the gym to pay 5,000 yuan for Wang's psychological damages.

"This case serves as a reminder to both operators of high-risk sports venues and participants," the court commented. "Many accidents result from a momentary desire to show off and ignoring the rules."

It emphasized that, while the venue was partly liable for negligence, following safety rules and wearing protective gear is the primary responsibility of those participating in sports.

It also reminded operators of high-risk venues that safety measures must go beyond just having warnings on the wall. "Warning signs, certificates, and insurance are basic obligations. Active, real-time monitoring and intervention are essential to ensuring safety," it clarified. "Staff must identify and correct dangerous behavior immediately, or they may face legal consequences for negligence."

Moreover, while having public liability insurance can mitigate operational risks, specific costs, like psychological damages, must be covered by the operator. Having insurance doesn't mean operators can be complacent, the court added.