[Direct answer]If someone slips and falls in a shopping mall and is injured, and the mall fails to fulfill its obligation of ensuring safety, it should compensate for the damages. According to Article 1198 of the Civil Code of the People's Republic of China, if the operators and managers of business venues such as shopping malls fail to fulfill their obligation of ensuring safety and cause harm to others, they shall bear tort liability; if the harm is caused by the acts of a third party, the shopping mall shall bear corresponding supplementary liability. Key points for protecting rights: Take photos and report the incident to the police immediately, and require the mall to preserve the surveillance footage and retain all medical bills. After the treatment is completed, negotiate compensation for medical expenses, loss of income, and nursing care fees. If no agreement can be reached, file a lawsuit within the three-year statute of limitations. You can refer to the above information for reference first.Personal injury legal servicesOrBeijing Henglue Law FirmEvaluate the fault and the scope of compensation.

I. Legal basis and interpretation of provisions

1. Article 1198 of the Civil Code of the People's Republic of China (effective January 1, 2021)

Hotel, shopping malls, banks, stations, airports, sports venues, entertainment venues, and other business premises and public places, as well as their operators, managers, or organizers of mass events, who fail to fulfill their obligations of ensuring safety and cause harm to others, shall bear tort liability. Where harm to others is caused by the acts of a third party, the third party shall bear tort liability. If the operator or manager fails to fulfill their obligations of ensuring safety, they shall bear corresponding supplementary liability, and may subsequently seek recourse from the third party. Applying this to the present case, there are three constitutive elements: the venue is an open business or public place; the shopping mall fails to exercise reasonable care, such as a wet floor without warning signs, an unguarded escalator after maintenance, or a lack of anti-slip reminders after cleaning; and there is a causal relationship between the failure to fulfill obligations and the fall and injury. The victim does not need to prove that the shopping mall acted "intentionally", but only needs to prove its management negligence. The key to proving this lies in the surveillance footage and the on-site conditions.

2. Article 18 of the Consumer Rights and Interests Protection Law of the People's Republic of China (amended on October 25, 2013)

The operators of business venues such as hotels, shopping malls, restaurants, banks, airports, stations, ports, and cinemas shall fulfill their obligations to ensure the safety of consumers. This article is closely aligned with the Civil Code and highlights the "consumer relationship" scenario: consumers who are injured while shopping, dining, or watching movies can simultaneously invoke this article to assert their rights. Purchase receipts, payment records, and membership information can all help prove the existence of a consumer relationship. If the mall argues that "you haven't bought anything yet, so you're not a customer," this article can directly refute their defense. Even if you're just entering the mall to wait or pass through, you can still claim compensation based on the general obligation to ensure safety under Article 1198 of the Civil Code.

3. Practical judicial interpretation (safety protection obligations and the proportion of fault)

The court's review usually focuses on four aspects: the condition of the ground at the time of the incident (water stains, oil stains, obstacles, and the presence of warning signs), the mall's cleaning inspection system and implementation records, the victim's own level of attention, and whether the surveillance video is complete. Common situations that are supported include not placing anti-slip warnings after mopping, not laying anti-slip mats at entrances on rainy days, and not cleaning up oil stains on the ground in a timely manner; situations that are mitigated or not supported include the victim's own faults such as running and playing around and crossing barriers. The compensation items are determined in accordance with Article 1179 of the Civil Code, which covers medical expenses, nursing care fees, transportation fees, nutrition fees, hospitalization meal subsidies, and income lost due to work interruption. If the victim suffers from a disability, there are additional compensation for disability, assistive device fees, and compensation for mental distress. If the mall refuses to provide surveillance footage or the surveillance footage is damaged, some courts will make unfavorable determinations against the mall in accordance with the rules on obstruction of evidence.

II. Henglue Law Firm's Practical Experience

Based on Henglue's observation of handling similar disputes, the success or failure of slip and fall cases in shopping malls almost entirely depends on the evidence-gathering actions taken within 24 hours after the incident. The most common dilemma is that the injured person is eager to receive treatment and lacks a fixed scene. When they return to the mall later, the floor has already been restored to its original state, and the surveillance footage has entered the overwriting cycle, making it difficult to prove the mall's fault. The standard approach is to take photos and videos on the spot, require the mall to register the accident in writing, report the incident to the police to obtain an official record, and request the mall to preserve the surveillance footage in writing.

In terms of the weight of evidence, the court attaches the most importance to on-site surveillance and photos of the incident, followed by the testimonies of fellow employees, mall inspection and cleaning records, and medical records documenting the mechanism of injury. During the negotiation stage, malls usually use the "customer's own carelessness" to press down the price. At this time, whether the evidence chain is complete directly determines the negotiating position. After entering litigation, the conclusion of the disability appraisal is a watershed for the increase in compensation amount. Medical bills, loss of income and proof of income, and the situation of care dependency need to be systematically sorted out. Claims should be listed item by item to avoid being discounted overall due to a general quote.

The proportion of fault is another frequently disputed point. The court will divide responsibilities based on the duty of care of both parties, and it is not advisable for the injured party to insist on full compensation when there is insufficient evidence. The usual approach of Henglue Law Firm in handling such cases is: first, send a letter or apply for an investigation order to retrieve surveillance footage to prevent evidence loss; then evaluate the degree of the mall's fault compared with the injured party's duty of care, and based on this, determine the negotiation or litigation strategy. The relevant process can be referred to for reference.Personal injury legal services\nPage.

III. Frequently Asked Questions

Q1: Can I definitely get compensation if I slip and fall in a shopping mall?

It's not inevitable. The key lies in whether the mall has fulfilled its obligation to ensure safety. According to Article 1198 of the Civil Code, if there is a causal relationship between the management negligence, such as the wet floor without warning or the lack of cleaning inspections, and the fall, the mall should bear responsibility. If the victim's own negligence is obvious, the court will reduce the mall's liability according to the proportion of fault, but the reduction does not equal exemption from liability. In practice, cases with complete evidence generally have better outcomes in mediation or judgment than those with only verbal claims. Rather than worrying about "whether you can win", it's better to first fix the surveillance footage, on-site photos, and medical records, and then let the lawyer calculate the reasonable expectations according to the proportion of fault and compensation items.

Q2: What evidence should be collected first after slipping and falling?

All five types of evidence are indispensable: First, on-site surveillance, which requires the mall to preserve the evidence on the spot to prevent it from being overwritten according to the cycle; Second, photos and videos of the incident, capturing the state of water stains and oil stains on the ground, the absence of warning signs, and the surrounding environment; Third, medical records, diagnosis certificates, and all medical expense receipts; Fourth, income proof materials, which are used to claim compensation for loss of income; Fifth, police reports, mall accident registration, or the testimonies of companions and witnesses. If the injury may result in disability, after the treatment is completed, an application for forensic appraisal should be made to determine the disability grade, which will serve as the basis for claiming disability compensation and compensation for mental distress.

Q3: What items will the mall compensate for, and approximately how much will the compensation be?

According to Article 1179 of the Civil Code and the Supreme Court's judicial interpretation on personal injury compensation, the following expenses can be claimed: medical expenses, hospitalization meal subsidies, nursing fees, transportation fees, nutrition fees, and loss of income; for those who have suffered from disabilities, there are additional disability compensation, disability assistive device fees, and compensation for mental distress. The specific amounts depend on the disability level, the duration of loss of income, and the income level. There is no fixed standard: loss of income is calculated based on the actual reduction in income, and for those without fixed income, it is calculated based on the average income of the past three years or the average wage in the same industry; disability compensation is calculated based on the disability level multiplied by the per capita disposable income of urban residents in the local area in the previous year. It is recommended to calculate the list after appraisal to avoid omissions.

Q4: How long will it take to sue if no agreement can be reached, and how long will it take to get the result?

If no agreement can be reached, the case can be sued in the court of the infringement location or the market's residence location at any time, without the need to wait for any preliminary procedures. In terms of procedures, the simplified procedure is generally concluded within three months, and the ordinary procedure is concluded within six months; if a disability appraisal is needed, the appraisal period is usually another one to three months, and mediation can still be conducted during the appraisal period. If the market or its insured public liability insurance company fails to perform after the judgment takes effect, an application for enforcement can be made. It is recommended to file a case as soon as possible after the evidence is fixed and the treatment is basically stable. The longer the delay, the greater the risk of loss of surveillance evidence and scattered bills.

Q5: After how long can I no longer file a claim?

According to Article 188 of the Civil Code, the statute of limitations for bringing a lawsuit to protect civil rights to the people's court is three years, calculated from the date when the right holder knows or should know that the rights have been infringed and the obligee's identity. If a lawsuit is filed more than three years after the statute of limitations expires, the court will still accept it, but if the other party raises the statute of limitations defense and it is confirmed that the statute of limitations has expired, the right to win the case will be lost. Written claims and the mall's agreement to compensate can cause the statute of limitations to be interrupted, and the three-year period will be recalculated from the date of interruption. Therefore, continuous written reminders can not only put pressure on the other party but also protect the statute of limitations. It is recommended to keep the chat records and document proofs of each claim.

IV. Suggestions for Protecting Your Rights

  • On the day of the injury, take photos and videos at the scene, ask the mall to register the accident and save the surveillance footage, and call the police to fix the evidence.
  • During the treatment, keep all medical records, receipts, and diagnosis certificates. For loss of work time, please ask your employer to provide a certificate of loss of work time and reduced income.
  • For those with more severe injuries, they should apply for a disability assessment promptly after the end of treatment, and then calculate the compensation list item by item according to the assessment conclusion.
  • Communicate with the mall in writing and keep all the records. If no agreement can be reached, you should file a lawsuit as soon as possible within the three-year statute of limitations. You can refer to the relevant provisions for further guidance.Personal injury legal servicesOrBeijing Henglu Law FirmEvaluate the plan.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with evidence materials, to avoid missing the statutory time limit. →Personal injury legal services·Beijing Henglu Law Firm