According to Article 37 of the Tort Liability Law, managers of hotels, shopping malls, banks, stations, entertainment places and other public places or organizers of mass activities who fail to fulfill their security obligations and cause damage to others shall bear tort liability. If the gym fails to fulfill its security obligations, it shall be liable for compensation, and the gym shall bear the main responsibility. However, it is not clear here whether it is during work or after-work entertainment time. If the work is related to the work, the company will bear the main responsibility, but during the entertainment time, if the safety measures of the company gym are in place, the victims themselves will bear the responsibility.

If the injured party is at fault, the liability of the infringer may be reduced. Before the promulgation and implementation of the Civil Code, Article 26 of China's Tort Liability Law stipulated: "If the infringed is also at fault for the damage, the liability of the infringer may be reduced." This article is essentially a statutory tort liability mitigation clause, but in specific cases, the process of damage is often quite different. Such as one-time injury, injury deterioration caused by other reasons after injury, and secondary injury caused by improper treatment after injury. In view of the above situation, the Civil Code has made detailed amendments to this article. Article 173 stipulates: "If the infringer is at fault for the occurrence or expansion of the same damage, the liability of the infringer may be reduced." It emphasizes the two aspects of "same damage" and "damage expansion", and refines the content of mitigation clauses.