[Direct answer]In the Beijing area, if a shopping mall fails to fulfill its obligation of ensuring safety, it shall bear tort liability. According to Article 119 of the Civil Code of the People's Republic of China (effective January 1, 2021), operators, managers, or organizers of public venues such as hotels, shopping malls, banks, stations, airports, sports stadiums, and entertainment venues, who fail to fulfill their obligation of ensuring safety and cause harm to others, shall bear tort liability; if the harm is caused by the acts of a third party, the third party shall bear tort liability, and the operator, manager, or organizer who fails to fulfill their obligation of ensuring safety shall bear corresponding supplementary liability. At the same time, according to Article 117, if the infringed person is at fault for the occurrence or expansion of the same damage, the infringer's liability may be reduced. Therefore, if a customer slips and falls due to a wet floor in the shopping mall without warning or timely cleaning, the shopping mall is usually responsible; if the customer fails to exercise due diligence, the liability may be correspondingly reduced. The compensation items shall be determined in accordance with Article 179.

I. Problem Background and Typical Scenarios

It's not uncommon for customers to get injured in shopping malls. Typical scenarios include: the floor being slippery after cleaning without warning signs or barriers; water pooling at entrances during rainy or snowy weather without timely handling; escalators and damaged floors posing safety hazards that weren't repaired; shelves or piles of goods blocking walkways leading to tripping; and customers wearing high heels or looking at their phones while walking, resulting in slips and falls. When handling such cases in Beijing, the court will review whether the shopping mall fulfilled its obligation to ensure safety within a reasonable limit, and then apportion the liability proportion based on the customer's own negligence.

II. Key points of dispute

First, the scope and reasonable limits of the obligation to ensure safety. Second, whether warning signs and timely disposal can exempt liability. Third, how to identify and divide responsibilities for customers' own faults. Fourth, the evidentiary role of surveillance footage and witness testimonies. Fifth, how to determine the items and standards of compensation. Sixth, the scope of the mall's supplementary liability when third parties cause harm.

III. Professional analysis by Henglue Lawyers

Based on the practical experience of Henglue Lawyers in handling personal injury cases, such disputes usually revolve around three points. First, the fulfillment of obligations: as operators, shopping malls should ensure the safety of customers within a reasonable scope, including timely cleaning up standing water, setting up clear warning signs and barriers, regularly inspecting facilities and floor conditions, and taking isolation measures for areas with hidden dangers. If they fail to fulfill or fulfill their obligations inadequately, they usually need to bear responsibility. Second, the allocation of fault: if customers fail to exercise reasonable caution when passing through, such as running, looking at their phones, wearing unsuitable shoes, etc., they may be deemed at fault, and the court will reduce the shopping mall's liability accordingly. Third, evidence collection and compensation: customers should promptly fix evidence at the scene, such as photographing slippery floors, missing warnings, and the location of the fall, and keep medical treatment and expense receipts. The compensation items include medical expenses, nursing care fees, transportation fees, nutrition fees, hospitalization subsidies, and loss of income, etc., according to Article 1179 of the Civil Code. If the injury results in disability, the victim can also claim disability compensation.

IV. Practical suggestions and legal basis

Action list: First, fix the scene evidence immediately after the fall and take photos of the ground conditions and surrounding warning signs; Second, retrieve and apply to keep the surveillance video, and if necessary, call the police or contact the mall management staff; Third, seek medical treatment in time and keep the medical records, diagnoses, and expense receipts; Fourth, record the loss of work and nursing care and prepare relevant certificates; Fifth, if no agreement can be reached, promptly initiate litigation to claim compensation. For cases involving personal injury and tort liability, please refer to the relevant provisions.Personal injury and medical disputes; For matters involving the operation and management of public venues, relevant information can be combined together.Business and contract disputes in enterprisesColumn. Legal basis: Articles 1173, 1179, and 1198 of the Civil Code of the People's Republic of China (effective January 1, 2021). Specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

Firstly, fixing the evidence at the scene in a timely manner is the first step in protecting one's rights. Secondly, surveillance footage may be overwritten, so it's necessary to apply for its preservation as soon as possible. Thirdly, the customer's own fault may affect the apportionment of liability, so it's important to calmly describe the course of events. Fourthly, compensation should be based on receipts and evidence, and it's necessary to ensure that all relevant materials are preserved in full. If you are currently facing similar problems, you can seek help through the following channels:Personal injury and medical disputesYou will receive a comprehensive solution for the service, which can be integrated with the management of the business premises.Business and contract disputes in enterprises板块。

VI. Frequently Asked Questions

Q1: If a person slips and falls on the floor of a shopping mall due to it being too wet, does the mall need to compensate them?

It is usually required. According to Article 1198 of the Civil Code of the People's Republic of China, if the mall fails to fulfill its obligation of ensuring safety and causes damage to others, it shall bear tort liability. Failure to clean up standing water in time, set up warning signs, or take fencing measures is usually regarded as a failure to fulfill its obligations. If the customer himself/herself is at fault, the court may reduce the mall's liability accordingly.

Q2: Is it also a mistake if the customer didn't notice it themselves?

Possibly. According to Article 1173 of the Civil Code, if the infringed party is at fault for the occurrence or expansion of the damage, the infringer's liability may be reduced. For example, running and chasing, looking at the phone with your head down, and wearing ill-fitting shoes may all be deemed as failing to fulfill the obligation of reasonable care. The court will determine the proportion of liability based on the actual circumstances, and the responsibility will not be entirely borne by the mall.

Q3: How can we prove that the mall failed to fulfill its obligations?

The key lies in the on-site evidence. You can take photos of the slippery ground, missing warning signs, and the location of the fall. Retrieve and apply to save the surveillance footage, collect testimonies from colleagues and surrounding customers, and call the police if necessary and ask the mall staff to provide a statement. You should take action as soon as possible after the incident to avoid the loss of evidence due to the ground being cleaned or the footage being overwritten.

Q4: What kind of compensation can be claimed?

According to Article 1179 of the Civil Code of the People's Republic of China, the reasonable expenses for treatment and rehabilitation, such as medical expenses, nursing fees, transportation fees, nutrition fees, hospitalization subsistence allowances, and loss of income, can be claimed; if the victim suffers from a disability, the compensation for disability and the cost of assistive devices for the disabled can also be claimed; if the victim suffers from serious mental damage, the compensation for mental damage can be claimed. All of these claims must be supported by receipts and evidence.

Q5: Are you responsible if you're knocked over by someone else in a shopping mall?

It is necessary to distinguish the circumstances. If the damage is caused by the actions of a third party, the third party shall bear the tort liability; if the mall fails to fulfill its obligation of ensuring safety, it shall bear corresponding supplementary liability within the scope that it can prevent or stop the damage. After the mall bears the supplementary liability, it may seek recourse from the third party. Therefore, in practice, it is often necessary to clarify the respective responsibilities of the third party and the mall at the same time.

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 currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, 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.