[Direct answer]In the Beijing area, the conclusion is that compensation should first be claimed from the third person who committed the assault, and the merchant who failed to fulfill his obligation of ensuring safety should bear corresponding supplementary liability. According to Article 119 of the Civil Code of the People's Republic of China, operators, managers, or organizers of public places such as hotels, shopping malls, banks, stations, airports, sports venues, and entertainment venues, who fail to fulfill their obligation of ensuring safety and cause harm to others, shall bear tort liability; if the harm to others is caused by the acts of a third person, the third person shall bear tort liability, and the operator, manager, or organizer who fails to fulfill his obligation of ensuring safety shall bear corresponding supplementary liability, and may seek recourse from the third person after assuming the supplementary liability. Therefore, merchants generally do not bear full responsibility, but shall bear supplementary liability within the scope of their unfulfilled obligations. If the harm constitutes light injuries or above, or if the perpetrator is suspected of committing a crime, the perpetrator's responsibility may also be investigated through criminal channels.

I. Problem Background and Typical Scenarios

It's not uncommon to see cases where people are beaten by others in restaurants, shopping malls, entertainment venues, or internet cafes due to disputes. Typical situations include: insufficient security measures or failure to promptly intervene and stop the conflict by the operators; the lack of security facilities such as surveillance cameras and lighting, making it difficult to identify the perpetrators; failure to promptly report the incident to the police or seek help after the incident; and the existence of a connection between the operators and the attackers. When the Beijing District Court handles such cases, it usually first determines the responsibility of the direct perpetrators, then examines whether the operators have fulfilled their obligations of ensuring safety, and on this basis, determines the scope and proportion of their supplementary liability.

II. Key points of contention

First, the order of responsibility between the direct infringer and the operator. Second, the meaning and scope of supplementary liability. Third, the reasonable limits of the operator's obligation to ensure safety. Fourth, the distinction between self-defense and mutual combat and the determination of fault. Fifth, the allocation of the burden of proof and the preservation of evidence. Sixth, how to claim civil compensation when a crime has been committed. Seventh, the right of recourse after the operator assumes responsibility. These issues determine who the victim can claim against and how much they can claim.

III. Professional analysis by Henglue Lawyers

Based on the practical experience of Henglu Law Firm in handling personal injury and infringement cases, the following four points should be noted regarding such issues. First, the order of liability: The third party who directly commits the infringement shall bear the liability for infringement, and the operator shall only bear corresponding supplementary liability within the scope of its failure to fulfill the obligation of ensuring safety. The two parties are not jointly and severally liable. Second, the scope of obligations: The operator shall ensure safety within a reasonable limit, such as providing necessary security measures, timely dissuading and stopping infringements, calling the police for assistance, and preserving surveillance records; circumstances exceeding the reasonable limit are generally not subject to strict liability. Third, fault determination: The nature of self-defense and mutual combat is different. If it constitutes legitimate self-defense according to law, the operator may not bear liability or may have its liability reduced; if the victim himself is at fault, the operator's liability may be correspondingly reduced according to Article 1173 of the Civil Code of the People's Republic of China. Fourth, liability assumption: According to Article 1198 of the Civil Code of the People's Republic of China, after the operator assumes supplementary liability, it may seek recourse from the third party to avoid ultimately bearing the portion that should have been borne by the infringer. Fifth, criminal-civil coordination: If the act of hitting someone constitutes light injuries or above or involves a crime, criminal responsibility may be pursued, and losses such as medical expenses may be claimed through criminal incidental civil actions or separate civil litigation. Sixth, evidence points: Surveillance records, police reports, medical records, injury appraisals, and witness statements are key to determining the facts and responsibilities, and should be fixed immediately.

IV. Practical suggestions and legal basis

Practical advice: First, immediately call the police after the incident and secure the police report and surveillance footage; Second, seek medical treatment promptly and keep the medical records, diagnosis, and expense receipts; Third, identify the assailant and hold them accountable as the primary responsible party for compensation; Fourth, review whether the operator has failed to provide adequate security, failed to intervene, or failed to provide timely assistance; Fifth, apply for injury and disability assessments if the injuries are severe; Sixth, if the case constitutes a crime, victims can claim damages through criminal incidental civil litigation or separate lawsuits. For more information on services provided by the platform, please refer to the relevant section.Personal injury and medical disputes、Criminal defense and criminal case filing、Creditor's rights and debts, and enforcement、Labor arbitration and work-related injury compensationAndSpecial servicesLegal basis: Articles 116, 173, 179, and 183 of the Civil Code of the People's Republic of China (all of which came into effect on January 1, 2021). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, if a third party injures someone in the venue, the direct infringer shall bear the liability for infringement, and the merchant shall bear the corresponding supplementary liability. Secondly, whether the merchant is liable depends on whether it has fulfilled its obligation to ensure safety. Thirdly, if the victim himself/herself is at fault, the liability of the infringer may be correspondingly reduced. Fourthly, reporting the case to the police and fixing the surveillance footage immediately are key to identifying the facts and determining responsibilities. Fifthly, if the injuries are serious, an assessment should be conducted as soon as possible, and if a crime is involved, the perpetrator's criminal responsibility shall be pursued as a priority. Sixthly, after the merchant bears the supplementary liability, he/she may seek recourse from the third party. Seventhly, as the subjects of liability and legal relationships are relatively complex, it is recommended to consult a professional lawyer as soon as possible for comprehensive handling.

VI. Frequently Asked Questions

Q1: If I'm injured by a third party in a merchant's store, does the merchant have to compensate me in full?

Generally, they do not bear all the responsibilities. According to Article 1198 of the Civil Code of the People's Republic of China, if the damage is caused by the actions of a third party, the third party shall bear the tort liability; if the merchant fails to fulfill its obligation of safety guarantee, it shall bear the corresponding supplementary liability. The victim should first claim compensation from the person who assaulted him/her, and the merchant shall only bear responsibility within the scope of its unfulfilled obligations.

Q2: If the merchant did not stop it in time, can they be considered to have fulfilled their responsibilities?

The operator may have failed to fulfill their obligations. The operator has the obligation to discourage, stop, and promptly call the police for assistance within reasonable limits. If the security is insufficient or the operator fails to take action when an incident occurs, they may be deemed to have failed to fulfill their safety protection obligations and bear corresponding supplementary liabilities. The specific judgment should be based on the circumstances of the incident, the conditions of the venue, and the management measures.

Q3: If the person who hit someone runs away, can I ask the merchant to compensate me?

You can claim supplementary liability from the merchant. If the direct infringer is difficult to identify or unable to compensate, and the merchant fails to fulfill its obligation of ensuring safety, you can require the merchant to assume supplementary liability within the corresponding scope. After the merchant assumes the liability, you can seek compensation from the person who committed the assault. It is recommended to report the case to the police and keep the surveillance footage at the same time, which will be helpful for determining the responsibility in the future.

Q4: If the person who assaulted someone commits a crime, how can they demand compensation?

The victim can claim compensation for losses through a civil action incidental to a criminal case, or file a separate civil lawsuit after the criminal case is concluded. The victim can claim material losses such as medical expenses, loss of income, and nursing care fees; if the victim suffers serious mental harm due to the criminal act, he or she can claim corresponding compensation according to law and judicial rules, subject to the specific provisions of the law and judicial rules.

Q5: I fought back. Will this affect my claim for compensation?

Possible impacts. Those who establish legitimate self-defense according to law will not bear responsibility or have their liability reduced; if it is identified as mutual fighting, both parties may share responsibility according to their faults, and their own claim proportion will be correspondingly reduced. It is recommended to truthfully state the process and use surveillance footage and witnesses to reconstruct the facts, in order to strive for a favorable determination.

This article is written based on the common judicial interpretation 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 a dispute arises, please consult a practicing lawyer in a timely manner.