Legal Observation on the Trial Operation of Shenzhen Children's Park: Analysis of Safety Responsibilities for Public Facilities and Protection of Children's Rights and Interests
Event background: Children's Park renovation brings simultaneous escalation of legal risks.
The renovation of Shenzhen Children's Park took nearly two years, from its commencement in the fourth quarter of 2024 to its trial operation in August 2026, representing a considerable investment. The authorities have declared its goal as "playable, learnable, and restful," which means the park's function has expanded from a mere amusement venue to a public space integrating education and leisure. The direct consequence of such functional diversification is the complication of legal relationships: traditionally, park management primarily bore the operator's safety guarantee obligation under Article 1198 of the Civil Code, namely that "if operators or managers of business premises, public venues such as hotels, shopping malls, banks, train stations, airports, sports venues, entertainment venues, or organizers of mass activities fail to fulfill their safety guarantee obligations, causing harm to others, they shall bear tort liability." However, after the renovation, the newly added science popularization interactive facilities and research-learning areas within the park may involve educational service liability, while the dining and retail areas involve consumer rights protection—all of which require the operator to make advance arrangements in institutional design.
As a pioneer demonstration zone, Shenzhen's requirements for law-based operation of public facilities are inherently higher than the national average. What makes children's parks particularly distinctive is that their service targets are minors, and the law provides far stronger protection for minors than for adults. For example, Article 42 of the Law on the Protection of Minors explicitly requires that "in the event of an emergency in a public place, minors shall be given priority in rescue." This is not merely a moral requirement but a legal obligation. Therefore, the renovation of the park is not just a matter of project acceptance, but a reconstruction of the legal compliance system.
Legal Focus: Concrete Implementation of Safety Protection Obligations and Judicial Practice
The park management's safety guarantee obligation, in judicial practice, is typically examined from three dimensions: facility and equipment safety, warning and notification duties, and emergency rescue capability.
First, facility and equipment safety is the foundation. According to the "Regulations on Safety Supervision of Large Amusement Facilities" (Order No. 154 of the former General Administration of Quality Supervision, Inspection and Quarantine), large amusement facilities in parks must undergo regular inspections and obtain a use registration certificate before they can be put into operation. However, facilities in children's parks are often more interactive and open, such as climbing frames, sandpits, water features, etc. These facilities do not fall under special equipment, yet they still pose safety risks. In judicial practice, courts will refer to the fault liability principle under Article 1165 of the Civil Code to review whether the management party has fulfilled its "reasonable duty of care"—that is, what measures a rational and prudent manager would take under equivalent conditions. For example, if the facilities have design defects such as sharp corners, excessive gaps, or insufficient ground cushioning, even if they comply with national standards, the court may still find that the management party is at fault.
Secondly, the obligation to provide warnings and notifications must not be overlooked. Parks are required to place clear warning signs in hazardous areas, and the content should be specific and explicit rather than a generic "Be Careful." Under Article 18 of the Consumer Rights Protection Law, business operators must provide truthful explanations and clear warnings to consumers regarding goods and services that may endanger personal or property safety. If a park fails to indicate usage restrictions for children of specific age groups—such as "suitable for children under 3" or "adult accompaniment required"—and an accident occurs, the management will bear a higher degree of fault liability.
Finally, emergency rescue capability is key to mitigating losses after an incident. The Shenzhen Intermediate People's Court has set a precedent in which a child was injured from a fall in a park, and because there were no first-aid personnel or first-aid medicines on site, the injury worsened. The court found that the management had failed to fulfill its "duty of timely rescue" and ordered it to bear secondary liability. Therefore, during the trial operation period, the park should ensure that first-aid stations, personnel training, and emergency drills are all fully in place—this is not only a legal requirement, but also a respect for life.
Allocation of Responsibility: The Balance Between Parental Supervision and Park Management
In injury accidents at children's parks, the apportionment of liability often becomes the focal point of dispute. Parents, as guardians, bear statutory guardianship duties under Articles 26 and 1188 of the Civil Code. If a child is injured due to negligent supervision, the parents must bear partial or even primary liability themselves. However, the park management cannot use this as a pretext to shirk its own obligations.
The judicial reasoning approach in practice is "contributory negligence": first examine whether the management party has fulfilled its safety guarantee obligation, then examine whether the guardian is at fault, and finally apportion liability proportionally. For example, a common scenario: a 5-year-old child climbs high facilities alone without parental supervision and falls and gets injured. In this case, the court will analyze—whether the park has set age restriction notices? Whether the on-site staff promptly dissuaded the child? If the park neither posted warnings nor stopped the child, the management party's fault is obvious; if the parents left the child alone in the play area, the parents bear primary responsibility. In a park injury case heard by the Shenzhen Luohu District Court in 2023, the court ruled that both parties each bear 50% liability on the grounds that the management party failed to set up warnings for the wet floor and the parents failed to fulfill their duty of care, and this proportion serves as a reference in similar cases.
For parents, when visiting a park with children, the following points should be noted: First, comply with park rules, especially age and height restrictions; Second, maintain effective supervision at all times and avoid looking down at your phone; Third, in the event of an accident, preserve evidence in a timely manner, such as photos of the scene, medical records, and recordings of communications. As for park management, it is recommended to purchase public liability insurance to spread compensation risks, while also establishing a well-functioning complaint handling mechanism to prevent disputes from escalating into litigation.
Operational Compliance: Special Legal Obligations of Children's Parks
Due to the special nature of their service targets, children's parks must also comply with a series of special regulations.
Firstly, Article 41 of the Law on the Protection of Minors stipulates requirements for "public places where minors gather for activities": parks shall comply with national or industry safety standards and take corresponding safety protection measures. This means that the planning, design, facility procurement, and routine maintenance of parks should all have clear standards-based foundations, and safety cannot be reduced on the grounds of "non-mandatory standards." Secondly, the Regulations on the Protection of Minors in the Shenzhen Special Economic Zone provide further detailed provisions, imposing higher requirements for the protection of children's safety in public places, such as requiring amusement facilities to undergo regular inspections and have the results publicly disclosed.
Additionally, if commercial activities such as food and beverage services or souvenir sales are introduced into the park, compliance with the Food Safety Law, the Advertising Law, and other regulations is also required. In particular, food products intended for children should strictly avoid improper advertising of products high in salt, sugar, or fat; otherwise, such practices may violate the provision of Article 40 of the Advertising Law, which stipulates that "advertisements for goods or services targeted at minors under the age of fourteen shall not contain content that may induce them to imitate unsafe behaviors."
From an operational model perspective, the trial operation period is a "golden window" for identifying issues. Park management should use this time to hire professional legal counsel to conduct a comprehensive review of contract texts, safety systems, and emergency plans, as well as provide legal training to employees, ensuring that rules are not only "posted on the wall" but also "embedded in the heart." At the same time, it is recommended to establish a rapid response mechanism for child injury accidents, with clear reporting procedures, evidence preservation, and communication standards with family members, so as to avoid public opinion risks caused by improper handling.
Legal Implications: A Two-Way Reflection on Citizens' Park Visits and Urban Governance
The renovation of Shenzhen Children's Park is a welcome development in urban renewal, but reflection from a legal perspective should not be absent. For ordinary citizens, when taking children to the park, they should bear in mind that "guardianship responsibility cannot be transferred"—no matter how well-equipped the park facilities are, parents' attention and companionship remain the first line of safety defense. At the same time, one should understand the basic paths for rights protection: if an injury occurs, preserve evidence immediately, communicate with the park management, and if necessary, file a complaint with the Consumers' Association or initiate litigation, claiming compensation in accordance with Article 1198 of the Civil Code.
For park operators and city administrators, the law-based operation of children's parks is a microcosm of a city's level of civilization. It is recommended that Shenzhen take the lead in establishing local standards for child-friendly parks, making safety assurance obligations specific and assessable, and introducing a third-party evaluation mechanism. This can both reduce legal disputes and enhance the city's image.
Guangdong Zhiming Law Firm has long focused on the fields of public safety and the rights and interests of minors, and has provided legal services for multiple injury cases in parks and scenic areas. If you encounter related legal issues during your visit to a park, or if you are an operator in need of compliance review, you are welcome to consult us. We will safeguard your and your children's safety and rights with our professional expertise.
