What responsibilities do shopping malls bear to consumers?

When a customer is personally injured in a shopping mall, the liability sharing share of both parties should be determined based on the degree of fault of the shopping mall and the customer: if the responsibilities of both parties are on an equal or fair level, the mall's liability will be reduced accordingly. ; If the mall has a major fault and the customer has only ordinary fault or no fault, the mall shall bear full tort liability.

1. What responsibilities should the mall bear when a customer is injured in a mall? When a customer is injured in a mall, the liability share of both parties should be determined based on the degree of fault of the mall and the customer: If the responsibilities of both parties are equal, Or at a fair level, the mall's liability will be reduced accordingly; if the mall has a major fault and the customer has only general fault or no fault, the mall will bear full tort liability. Article 1198 of the Civil Code (effective from January 1, 2021) stipulates: hotels, shopping malls, banks, stations, airports, stadiums, entertainment venues and other business premises, public places If operators, managers or organizers of mass activities fail to fulfill their safety guarantee obligations and cause damage to others, they shall bear tort liability. If damage is caused to others due to the behavior of a third party, the third party shall bear tort liability; if the operator, manager or organizer fails to fulfill the safety guarantee obligations, the third party shall bear corresponding supplementary liability. After the operator, manager or organizer assumes supplementary liability, it may recover compensation from the third party. 1. In the case of non-third party infringement, the shopping mall shall bear the liability. my country’s Tort Liability Law stipulates that if the infringed party is also at fault for the occurrence of the damage, the liability of the infringer can be reduced. However, if the tortfeasor causes damage intentionally or with gross negligence and the victim is only at ordinary fault, the liability of the person obligated to pay compensation will not be reduced. It can be seen from this that when a customer is personally injured in a shopping mall, the liability sharing share of both parties should be determined based on the degree of fault of the shopping mall and the customer: if the responsibilities of both parties are on an equal or fair level, the mall's liability will be reduced accordingly; if If the mall has a major fault and the customer has only ordinary fault or no fault, the mall shall bear full tort liability; of course, if the mall has ordinary fault or even no fault and the customer has major fault, the mall can reduce or even reduce the tort liability. Disclaimer of Liability. 2. When a third party infringes the law, the shopping mall shall bear the liability. my country's Tort Liability Law stipulates that if the third party's behavior causes damage to others, the third party shall bear the tort liability. If the manager or organizer fails to fulfill their safety guarantee obligations, , assume corresponding supplementary responsibilities. Therefore, if a customer is infringed by a third party in a shopping mall, the third party should bear the corresponding liability for compensation.

2. How shopping malls avoid the risk of personal injury to customers. In the absence of third-party infringement, the law sets relatively stringent safety protection obligations for shopping malls. Even if there is no fault, based on the relationship between the shopping mall and the customer Considering its status and interests, shopping malls are also likely to bear fair responsibilities; in the case of infringement by a third party, shopping malls must also fulfill corresponding safety protection obligations, such as timely relief afterwards, such as calling the police, sending to the doctor, and breaking up fights, etc. , otherwise you need to bear corresponding supplementary responsibilities. Therefore, in order to avoid accidental injuries to customers and the resulting economic and goodwill losses, shopping malls should pay more attention to details in the operation process, implement the safety protection obligations set by the law, and adopt as many humanized services and measures as possible. For example, clean the floor stains in a timely manner, place anti-slip mats, pay a little attention or guidance to customers with large numbers of people or who have difficulty moving, set up safety warning slogans, etc.; in the case of a third party infringement or customer injury, quickly establish and improve security and send medical services mechanism. As above, we can see that there are two situations when customers are injured in shopping malls. In these two different situations, the responsibilities that shopping malls should bear are also different. Today's society is developing faster and faster, and more and more customers are getting injured in shopping malls. Different shopping malls should effectively avoid such situations and establish preventive mechanisms. For more relevant knowledge, you can consult a lawyer!