Recently, the
movie "Twinkle Twinkle Star" was released in theaters.
In order to enrich the audience's movie-watching experience,
theaters in many places have opened "snow fields",
using snow cans, snow machines, etc. to create a
snowy atmosphere similar to movie scenes for the audience.
However, due to the inconsistent snowmaking equipment,
the snow sprayed out by some theaters
filled the heads and clothes of the audience,
and also posed many safety risks.
The theater sprays snow to create a romantic atmosphere. What are the legal risks of
?
Spraying snow from snow cans, snowmaking machines, etc., in addition to flammable and explosive safety hazards, may also cause physical harm to the audience once the amount of snow is too large or it accidentally sprays into people's eyes, mouths and noses.
As a theater, we must ensure that the snow spray arrangements in the "snow field" are known and agreed to by the audience, and the safety of equipment and materials must be ensured.
According to the provisions of the Civil Code of my country, operators and managers of hotels, shopping malls, banks, stations, airports, sports venues, entertainment venues and other business premises, public places, or organizers of mass activities fail to fulfill their safety protection obligations, resulting in If others cause damage, they shall bear tort liability. In other words, once the theater's snow spray equipment causes personal or property damage to the audience, the theater must bear tort liability. It should be noted that even if the audience voluntarily participates in the "snow resort" and signs a disclaimer, the theater still cannot be exempted from liability for infringement compensation.
After the movie ended, due to a problem with the snow spray equipment in the theater, artificial snow piled up on the heads and clothes of the audience. Can audiences get a refund if they are dissatisfied with this situation? Generally speaking, if the audience chooses to watch a movie in a "snow resort" with full knowledge and watches the entire movie, most of them will not be allowed to request a refund just because they got their clothes wet. However, if relatively serious losses are caused to the audience, it should be due to defects in the performance of the contract by the theater, and the theater needs to bear corresponding liability for breach of contract or tort liability. In addition, if the theater promises to arrange a "snow resort" but then cancels the "snow" arrangement due to safety considerations and other reasons, this constitutes false advertising and the audience has the right to request a refund.
Director Producer/Duan Ruizhong Supervisor Producer/Yu Yanhong Duty Director/Lin Lin
Producer/Yan Kai Graphic Editor/Wang Yaqiong
Source: Rule of Law Daily
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