[Direct answer]The conclusion is that it's not necessarily exempt from liability. According to Article 1198 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, banks, stations, airports, sports stadiums, and entertainment venues shall bear tort liability if they fail to fulfill their obligations of ensuring safety and cause harm to others. If a customer falls and injures themselves due to circumstances such as the floor being wet and not cleaned, the absence of warning signs, or hidden hazards in the facilities, even if the customer themselves are at fault, the merchant may still bear corresponding responsibility. At the same time, according to Article 1173, if the infringed party is at fault for the occurrence or expansion of the damage, the infringer's liability may be reduced, that is, the liability shall be shared in proportion to the fault. Only when the damage is entirely caused by the customer's own reasons and the merchant has fulfilled its reasonable obligations can the merchant be exempt from liability. Compensation typically includes medical expenses, nursing care fees, and loss of income, and in the case of disability, it also includes disability compensation.

1. Problem background and typical scenarios

After customers get injured inside or outside the store, merchants often refuse to compensate them on the grounds that "it was your own carelessness", and both parties handle the responsibility differently. Typical situations include: the floor being freshly mopped and not yet dry, or being slippery due to rain or snow without warning signs; uneven steps or thresholds causing tripping; shelves or aisles being cluttered with items affecting passage; customers wearing high heels or slippers running or looking at their phones while walking, which leads to falls. When the Beijing District Court handles such cases, it usually reviews whether the merchant has ensured safety within a reasonable limit and the extent of the customer's own fault, and then determines the proportion of responsibility for both parties accordingly.

II. Key points of dispute

Firstly, the scope and reasonable limits of the merchant's obligation to ensure safety. Secondly, the impact of the customer's own fault on the proportion of liability and the application of contributory negligence. Thirdly, the proof of slippery floors and hidden dangers of facilities, and the allocation of the burden of proof. Fourthly, whether warning signs are set up and whether they are sufficient. Fifthly, the evidentiary role of surveillance, inspections, and cleaning records. Sixthly, the determination of compensation items and amounts. Seventhly, the division of responsibilities between the merchant and the lessor and manager of the venue. These issues determine how the liability is shared.

III. Professional analysis by Henglue Lawyers

Based on Henglu Lawyer's practical experience in handling personal injury and premises liability cases, such issues should focus on four key points. First, the scope of obligations: According to Article 1198 of the Civil Code of the People's Republic of China, businesses should ensure customer safety within reasonable limits, including promptly cleaning slippery floors, setting up warning signs, and maintaining the integrity of facilities. Second, the defense of fault: If the customer is at fault for the occurrence or aggravation of the damage, the business's liability may be reduced according to Article 1173, so "carelessness on the part of the customer" may affect the proportion of liability, but it cannot automatically exempt the business from liability. Third, the burden of proof: The customer needs to initially prove that the damage occurred in the store and that there were causative factors. If the business claims to have fulfilled its obligations, it should submit records of inspections, cleaning, and warnings. If such records cannot be provided, the business may be deemed negligent. Fourth, quantifying losses: According to Article 1179, compensation items include medical expenses, nursing care fees, nutritional fees, transportation fees, and loss of income. For cases involving disability, disability compensation is also included. For mental distress, compensation may be claimed according to Article 1183 based on the circumstances. Fifth, key evidence: Site photos, surveillance footage, medical records, and expense receipts are crucial and should be preserved immediately after the incident. Sixth, choice of legal path: Claims can be made based on tort liability, or corresponding responsibilities can be claimed under the framework of service contracts, whichever is more favorable to the claimant.

IV. Practical suggestions and legal basis

Practical advice: First, immediately fix the scene after the incident, take photos and apply for access to surveillance footage; Second, seek medical treatment in time and keep the medical records, diagnoses, and all expense receipts; Third, record the handling of the situation by witnesses and the staff of the merchant; Fourth, find out whether the merchant has set up warnings and taken anti-slip measures; Fifth, objectively evaluate the impact of your own fault on the proportion of liability; Sixth, promptly file a lawsuit if no agreement can be reached, and clearly identify the responsible parties and claims. For in-station services, please refer to the relevant instructions.Personal injury and medical disputes、Creditor's rights and debts, and enforcement、Business and contract disputes in enterprises、Labor arbitration and work-related injury compensationAndSpecial servicesLegal basis: Articles 116, 173, 179, 183, and 198 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 Advice

Firstly, if a customer injures themselves due to their own negligence, it does not necessarily exempt the merchant from liability. The key issue is whether the merchant has fulfilled its obligation to ensure safety. Secondly, if the customer is at fault, the merchant's liability is usually reduced proportionally rather than completely exempted. Thirdly, slippery floors and the lack of warning signs are the main focus of liability claims. Fourthly, on-site photos, surveillance footage, and medical bills are crucial evidence for asserting rights. Fifthly, compensation is based on bills and appraisals, and if the injury constitutes a disability, an appraisal should be conducted promptly. Sixthly, if the merchant has fulfilled its reasonable obligations and the damage is solely caused by the customer's actions, the merchant may not bear liability. Seventhly, if there are significant disputes over the liability ratio, it is advisable to consult a professional lawyer for an assessment as soon as possible.

VI. Frequently Asked Questions

Q1: If a customer accidentally injures themselves, does the merchant definitely not compensate them?

Not necessarily. If the merchant fails to clean up the wet floor, fails to set up warnings, or has hidden safety hazards, even if the customer himself is at fault, the merchant may still bear responsibility proportionally. Only when the damage is entirely caused by the customer's own reasons and the merchant has fulfilled his reasonable obligations, can the merchant be exempt from liability. This needs to be judged comprehensively based on the evidence.

Q2: If the customer is at fault, how much can the merchant's liability be reduced or exempted?

There is no fixed ratio. According to Article 1173 of the Civil Code of the People's Republic of China, if the victim is at fault, the infringer's liability may be reduced. The court will determine the ratio based on the degree of fault of both parties, the causative factors, and the performance of the management obligations. The more evidence there is, the clearer the responsibility division will be.

Q3: How to prove that the merchant has not fulfilled its obligation to provide safety guarantees?

The causative factors and management failures can be proven through on-site photos, surveillance footage, witness testimonies, and medical materials. If the key records are held by the merchant and they refuse to provide them, the court can be requested to retrieve them in the litigation process. Additionally, by combining daily experience and evidentiary rules, it can be argued that the merchant failed to fulfill its reasonable obligations, thereby increasing the chances of obtaining compensation for oneself.

Q4: What items are covered by the insurance?

According to Article 1179 of the Civil Code of the People's Republic of China, it generally includes medical expenses, nursing fees, nutrition fees, transportation fees, loss of income and hospitalization meal subsidies. For those who are disabled, it also includes disability compensation and disability assistive device fees. Qualified victims can also claim compensation for mental distress, all of which are based on receipts and appraisals.

Q5: If the merchant is willing to negotiate, what should you pay attention to?

The compensation amount, payment method, and payment deadline should be specified in writing, and it should be noted that follow-up treatment costs and disability situations will be claimed separately. Do not sign a one-time settlement agreement easily before the injury situation stabilizes and the losses are clearly estimated. It is recommended to complete the treatment and appraisal first, and make a decision after consulting professional opinions if necessary.

The above Q&A is mainly based on the judicial practice in the Beijing area. There may be differences in the adjudication guidelines in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the 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 a dispute arises, please consult a practicing lawyer in time.