第一财经

Robot performances cause injuries: Who should be responsible for ensuring safety?

原文:机器人表演伤人,谁该为安全兜底?

Summary of Key Points

The incident where a robot at the Xiangyang Science and Technology Museum injured a 5-year-old girl (which was resolved after 9 months) is not an isolated case. It highlights issues in the robot performance/rental industry, such as a large number of newcomers due to low barriers to entry, a lack of safety standards, and unclear liability definitions, leading to significant safety risks in shared spaces with humans. The industry is exploring solutions through measures like insurance, operational qualification requirements, and regulatory pilots, but coordinated efforts from multiple departments are still needed to improve the regulations.

1. Frequent Injuries: The Low-Barrier Business Hides Safety Hazards

Robot performance has gained popularity since Yushu Technology appeared on the Spring Festival Gala. In the past two years, a large number of new players have entered the rental/performance market, which is expected to exceed 10 billion yuan by 2026 (compared to just 1 billion yuan in 2025), with 153,000 related companies nationwide. However, the barriers to entry are extremely low:

  • Lack of Qualifications: Unlike drone pilots who need certifications, robot operators can learn to operate in 1-2 hours, relying mainly on personal experience.
  • Weak Safety Awareness: For better performance, many operations do not limit the robots' movements (e.g., kicking or swinging arms), and the emergency stop buttons are either ineffective or not well-used by the operators.
  • Chaotic Environments: Crowded shopping malls and tourist areas make it easy for children to wander around, potentially blocking the robots' sensors, and their automatic avoidance mechanisms may not be reliable (as seen in the Linyi mall incident, where children still managed to get inside despite security barriers, and the robot continued to move and injured the child).

These factors combined contribute to the frequent occurrence of injuries.

2. Blurred Liability: Who Bears the Responsibility?

When robots cause injuries, determining responsibility can be very complicated:

  • Multiple Parties Involved: In the Xiangyang incident, there were the science and technology museum (as the venue manager), the operating company, and the operator.
  • Legal Determination: As a public space manager, the museum has a duty to ensure visitor safety (e.g., by setting up warnings and maintaining equipment); if it fails to do so, it may bear supplementary responsibility (and must pay compensation before seeking the actual liable party).
  • The Operating Company: If an employee's mistake caused the injury, the company is responsible.
  • Robot Manufacturers: Unless they can prove a manufacturing defect, they are generally not liable for compensation.
  • Comparison with Car Accidents: In car accidents, traffic police determine responsibility, but for robot injuries, there is no authoritative third-party body to assign blame, leading to lengthy legal processes (as seen in the Xiangyang incident, which took 9 months to resolve).

3. Insurance: Ineffective in Providing Compensation

Although some insurance companies offer third-party liability insurance for robots (covering injuries or property damage), this coverage is unreliable:

  • Difficulty in Determining Liability: Robots are used in various settings (malls, science and technology museums, tourist areas), and the causes of accidents are complex (human error or mechanical failure), making it hard to assess damages.
  • Lack of Data: The industry is still in its early stages, with few historical claims, making it difficult for insurers to calculate fair premiums.
  • Manufacturers Hiding Data: Robots evolve rapidly, and different models have different risks, but manufacturers are reluctant to share technical data with insurers, making premium calculation challenging.

As a result, only leading manufacturers and a few rental companies currently purchase this type of insurance, covering a limited range of situations.

4. Efforts to Strengthen Safety Measures

The industry and regulators are working to address these issues:

  • Operator Certification: Some suggest that robot operators should obtain certifications, similar to drone pilots.
  • Physical Barriers: For high-risk actions (kicking, swinging arms), hard barriers (e.g., iron fences) should be installed, and safety zones should be established to keep children away from the robots. The robots' movements and forces should also be restricted, with emergency stop buttons within easy reach for the operators.
  • Regulatory Pilots: The Beijing Economic and Technological Development Area has implemented a "sandbox approval" system, where regulatory authorities oversee robot performances, including assigning safety officers and using electronic fences to prevent robots from leaving the performance area, while continuously refining the rules.
  • Multi-Disciplinary Cooperation: Since robot performance involves departments such as culture and tourism, industry and information technology, and market supervision, coordinated efforts are needed to establish clear regulations.

These efforts, although still in their initial stages, offer hope for improving safety in shared spaces with robots.

Conclusion

Robots moving from laboratories to shopping malls and science and technology museums are a sign of technological progress, but safety cannot be neglected. Only by raising entry barriers, clarifying responsibilities, and establishing comprehensive regulations can robots become both fun and safe companions for people.