Most children are very active and often ask their parents to take them to places where there are all kinds of entertainment. Trampolines, slides, ropes, cars - the list is not exhaustive today. Take it and go. However, unpleasant incidents often occur. When, for example, a child is injured while playing in an entertainment center. What should parents do? Who is to blame? About children's entertainment centers and danger - further.
Children's entertainment centers. Can I get compensation if my child is injured?
Not so long ago, a child was hit by a gas cylinder in a Ternopil entertainment center. As a result, the boy suffered four fractures. And in one of the capital's entertainment centers, a child cut his leg on a broken tile on the floor. Meanwhile, a teenager cut his head on a sharp corner of an attraction.
Situations are not uncommon. However, it is not always possible to receive compensation from the institution. When the injury is due to a technical malfunction of a certain structure, there is a chance for compensation. This applies to both moral and material damage.
Children's entertainment centers. Procedure for injuring a child
The fact must be recorded. In particular, write in the Book of Complaints or Reviews. Take a photo of your statement. Then write a complaint to the administration, contact the State Service of Ukraine for Food Safety and Consumer Protection. You can write a complaint to the address 01001, Kyiv, B. Grinchenko St., 1. In addition, it is important to keep all receipts. Those that were issued by sellers of certain services.
In addition, you can call the police and write a statement. Parents also have the right to go to court. A statement of claim is written to protect consumer rights and demand compensation for the damage caused. Even moral damage.
Parents should find out what the terms of service are in a particular shopping mall. They should be familiarized with in detail. According to Article 15 of the Law of Ukraine "On Protection of Consumer Rights", the consumer has the right to receive necessary, accessible, reliable and timely information about products.
Particular attention should be paid to whether the owners of the attraction are responsible for the child. Otherwise, it is better to avoid such establishments.
Who is responsible?
The rules of conduct in playrooms and children's areas often state that responsibility for children's behavior lies with parents. However, there is a nuance here. Injuring a child also depends on the character and reasons. For example, negligence of the staff, malfunction of the equipment of attractions, inattention of the child himself, behavior of other children, etc.
The damage was caused by a minor child. If the child is under 14 years old, then his/her parents are liable (Article 1178 of the Civil Code of Ukraine).
Negligence of personnel. Here even criminal liability is possible. According to Art. 137 of the Criminal Code of Ukraine "Improper performance of duties regarding the protection of the life and health of children", the fine is 5100 hryvnias or restriction or imprisonment for 3 years. In the event of the death of a child, restriction or imprisonment for 3 to 5 years is provided.
According to Article 367 of the Criminal Code of Ukraine "Official negligence" liability in the form of a fine - from 4250 to 8500 hryvnias. Correctional labor for up to 2 years, restriction of liberty for up to 3 years is also provided. If the consequences are severe - imprisonment for 2 to 5 years and a fine from 4250 to 12750 hryvnias.
Malfunction of attractions. In this case, the damage caused may be considered a criminal offense ( Article 271 of the Criminal Code ). The liability provided is a fine of UAH 1700 to UAH 3400. Or it may be corrective labor or restriction of liberty for a term of up to 2 years. In the case of fatal cases - imprisonment for up to 7 years.
In the case of an administrative offense, they can also be punished. This is a fine of 340 to 700 UAH (Article 41 of the Code of Administrative Offenses).
If you need legal assistance, you can find information about consulting on the Court Cases page.