1. Is the store responsible for the consumer's accidental fall while shopping in the store?
The business premises shall fulfill the safety guarantee obligations to consumers within a reasonable range. "Managers of hotels, shopping malls, banks, stations, entertainment places and other public places or organizers of mass activities fail to fulfill their security obligations and cause damage to others, and shall bear tort liability". How much responsibility the store has depends on the specific situation. If the store fails to fulfill its security obligations, it should bear the responsibility.
Natural persons, legal persons and other organizations engaged in business activities such as accommodation, catering and entertainment, or other social activities, which fail to fulfill their reasonable security obligations and cause personal injury to others, shall bear corresponding liability for compensation. If you are really injured while shopping in a store, for example, because the ground is slippery, the store should bear the responsibility. If the store has fulfilled its security obligations within a reasonable range, it will not be responsible.
2. What are the store's security obligations?
Security obligation is a legal obligation established by law based on the principles of good faith and fairness after comprehensively considering the social and economic value and moral needs of establishing this obligation in adjusting the order of commercial activities. Specifically, it refers to the security obligations undertaken by operators in the business premises for the personal and property safety of consumers, potential consumers or other people who enter the service premises according to law. The subject of obligation is the operator of the service place, including the owner, manager and contractor of the service place, as well as other citizens, legal persons or other social organizations who have legal security obligations or factual control over the place. The corresponding subject of rights is:
(1) consumers;
(2) potential consumers;
(3) Anyone who actually enters the service place.
The main contents of this right and obligation are: in a specific service place, the personal and property safety of the obligee should be guaranteed, and the obligor should perform corresponding positive or negative inaction obligations for this personal and property safety.
The legal basis of the operator's safety guarantee obligation is the duty of safety care in social activities. The duty of safety care in social activities comes from the principle of good faith, which comes from the theory of safety care obligation or general safety care obligation in social activities developed by German court judges from precedents. The duty of care for the safety of social activities originally refers to maintaining traffic safety. Later, it was extended to other social activities to emphasize the obligation to prevent harm in social life, especially "taking necessary and expected preventive measures to protect a third party from danger if he is engaged in or continues to be in specific danger in his own field of responsibility".
To sum up, consumers accidentally fall down in the store, and who should bear the responsibility needs specific analysis. If the store fails to fulfill its security obligations, for example, because the road is slippery in cold weather and effective measures such as placing non-slip mats are not taken, causing consumers to fall, then the store should bear tort liability; If it is only the consumer's own reason to fall, then the main responsibility lies with the consumer himself. The above is the related content that Bian Xiao sorted out that consumers are responsible for shopping in the store and hurting the store. For more relevant knowledge, please consult lawyer Sansha.