[Direct answer]Generally, supermarkets are responsible for this. According to Article 119 of the Civil Code of the People's Republic of China, operators and managers of business venues and public places such as hotels, shopping malls, and supermarkets shall bear tort liability if they fail to fulfill their obligations of ensuring safety and cause harm to others. Automatic doors are facilities managed by supermarkets. If customers are injured due to malfunctioning sensing devices, inadequate daily maintenance, fast opening speeds, or the lack of warning and anti-pinch measures, the supermarket shall compensate for losses such as medical expenses, nursing care costs, and loss of income; if the customers have intentional or gross negligence (such as forcibly rushing through or hitting the sensing area), the supermarket's liability may be reduced according to Article 1173 of the Civil Code. If harm is caused by the acts of third parties, the third parties shall bear responsibility, and the supermarkets that fail to fulfill their obligations of ensuring safety shall bear corresponding supplementary liability.
I. Problem Background and Typical Scenarios
When entering a supermarket, the automatic door suddenly closes and injures people, or their feet get caught under the door or they hit their heads. The supermarket says, "It's your own fault for not paying attention." Should customers be compensated? Related long-tail searches focus on "Can you be compensated if you're injured by a supermarket's automatic door?", "Is the mall responsible for injuries caused by automatic doors?", and "What are the compensation standards for supermarket customers who are injured?". Business establishments have a legal obligation to ensure customer safety, and it's usually hard to avoid responsibility when facilities cause injuries.
II. Key points of dispute
The dispute focuses on four points: first, whether the supermarket fulfilled its obligation to ensure safety; second, whether the customer was at fault and to what extent; third, the calculation of compensation items; and fourth, the application of supplementary liability in cases where third parties cause harm.
III. Professional analysis by Henglue Lawyers
The first layer is the foundation of obligations and responsibilities. As the manager of the supermarket, the supermarket has the obligation to select, maintain, repair, and provide warnings for facilities such as automatic doors. If the facilities pose hidden dangers and are not dealt with in a timely manner, resulting in customer injuries, it is generally deemed that the supermarket has failed to fulfill its obligation of ensuring safety. The second layer is the offset of fault. If the victim is at fault, the supermarket's liability may be reduced. For example, if a customer intentionally rushes through, stays in non-passage areas, or clearly violates warnings, the court may correspondingly reduce the supermarket's compensation ratio. However, if the supermarket wants to claim the customer's fault, it needs to provide evidence to prove it. The third layer is the scope of compensation. It includes medical expenses, nursing care fees, transportation fees, nutrition fees, hospitalization meal subsidies, and loss of income. For those who are disabled, there are disability compensation and compensation for mental distress, which are calculated based on invoices, appraisal opinions, and actual losses. The fourth layer is evidence preservation and fixation. After the injury, the supermarket's surveillance footage, on-site photos, witness contact information, and medical materials should be preserved, and the supermarket should be required to provide a written record of the accident. The surveillance footage is usually controlled by the supermarket, and it can be retrieved through negotiation, reporting to the police, or litigation. Henglue Lawyers remind that timely preserving evidence and clarifying the liability subject are prerequisites for obtaining reasonable compensation. In addition, if the supermarket has set up warnings and actively provided assistance after the incident, the court may also take this into account when determining the liability ratio, but post-incident assistance cannot replace pre-incident obligations of maintaining facilities and preventing risks.
IV. Practical suggestions and legal basis
Action list: First, seek medical treatment in time and keep medical records, receipts, and diagnosis certificates; Second, fix surveillance footage, photos, and witness information; Third, require the supermarket to record the accident in writing; Fourth, if no agreement is reached, file a lawsuit to claim compensation for personal injury. Main legal basis: Articles 1173, 1179, 1183, and 1198 of the Civil Code of the People's Republic of China (effective January 1, 2021); relevant provisions of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trials of Personal Injury Compensation Cases (amended in 2022). For personal injury and medical disputes, you can seek legal assistance through the following channels: - Consult a lawyer for professional legal advice; - File a complaint with the local consumer protection agency; - Submit a lawsuit to the court.Personal injury and medical disputesThe team handles it, and the responsibilities of the business premises and contracts can be combined togetherBusiness and contract disputes in enterprisesService processing.
5. Henglue Law Firm's Advice
Three key points regarding automatic door injuries: Supermarkets have an obligation to maintain and provide warnings for automatic doors, and they are generally liable for injuries caused by the facilities; customers' own major negligence may reduce their liability, but the supermarket needs to provide evidence; injured individuals should first seek medical treatment, check the surveillance footage, and request written records before discussing compensation. Personal injury cases can be resolved through legal channels.Personal injury and medical disputesFor matters related to the team's handling of responsibilities involving business premises, please feel free to consult usBusiness and contract disputes in enterprisesFor disputes involving difficult infringements, you can refer to the following materials for reference.Special servicesColumn.
VI. Frequently Asked Questions
Q1: Can I get compensation if I'm injured by an automatic door in a supermarket?
Generally, it can. Automatic doors are facilities managed by supermarkets. If customers are injured due to improper maintenance, malfunctioning sensors, or the lack of warning signs, the supermarket has failed to fulfill its obligation to ensure safety and should bear compensation responsibilities such as medical expenses and loss of income.
Q2: Is the mall's automatic door responsible for causing injuries to people?
There are usually responsibilities involved. The managers of the business premises have the obligation to maintain and warn about the safety of the facilities, and should be held responsible if the hidden dangers of the facilities cause harm to people. If the damage is caused by the actions of a third party, the third party should bear the responsibility, and the mall that fails to fulfill its obligations should bear supplementary liability.
Q3: If the customer doesn't notice it themselves, will they be compensated less?
It's possible. If the victim is at fault, the infringer's liability can be reduced. If the customer commits major faults such as forcing his way through or hitting the sensing area, the compensation ratio may be reduced accordingly, but the supermarket needs to provide evidence to prove the customer's fault.
Q4: What are the compensation standards for supermarket customers who get injured?
It includes medical expenses, nursing fees, transportation fees, nutrition fees, hospitalization subsistence allowances, and loss of income. For those who are disabled, there is also disability compensation. For serious mental harm, victims can claim compensation for mental distress, which is calculated based on the actual losses and the appraisal opinions.
Q5: What should I do with the surveillance footage in my hands after leaving the supermarket?
You can first negotiate to request its provision, or report the case to the public security organ to retrieve it, or apply to the court to retrieve the evidence in the litigation process. It is crucial to fix the evidence in a timely manner, and if necessary, you can preserve the relevant surveillance data through legal procedures.
This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.
If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Personal injury legal services·Beijing Henglu Law Firm
Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.