Legal analysis
According to the relevant laws and regulations, the definition, scope and standard of the operator's security obligation within a reasonable limit. The operator's security obligation mainly comes from the provisions of the law, but it can also come from the contract, even based on the actual situation of operation and the general knowledge of social life, but it is ultimately a legal burden. Operators who use their premises and facilities to make profits shall have the ability to control the occurrence and expansion of dangers in their premises. The cost of reducing and avoiding risks is borne by the operators, and consumers and others in the business premises have no ability or obligation to bear these risk costs, which is also in line with the laws of economics. However, the operator's security obligation is not unlimited, and only when the operator fails to fulfill his security obligation within a reasonable limit will he be liable for damages. See what nature it is, whether it is intentional or unintentional, and another is an accident, which should be an accident. This situation depends on the division of responsibilities. First of all, if there is a clear reminder in the store, this situation does not need to bear any responsibility, and the other party should compensate for the corresponding losses. But it provides favorable evidence. Secondly, if there is no clear prompt in the store, but the customer should consider whether the door is open when entering the door, in this case, both parties are responsible and the expenses should be borne separately.
legal ground
People's Republic of China (PRC) Civil Code
Article 176 If a victim voluntarily participates in a risky cultural and sports activity and is harmed by the actions of other participants, the victim may not ask other participants to bear tort liability; However, unless other participants have intentional or gross negligence in the occurrence of damage. The responsibilities of event organizers shall be governed by the provisions of Articles 1 198 to 120 1 of this Law.
Article 119 Operators, managers or organizers of mass activities in hotels, shopping malls, banks, railway stations, airports, stadiums, entertainment places and other business places shall bear tort liability if they fail to fulfill their security obligations and cause damage to others. If the behavior of a third party causes damage to others, the third party shall bear the tort liability; Operators, managers or organizers who fail to fulfill their security obligations shall bear corresponding supplementary responsibilities. Operators, managers or organizers may claim compensation from a third party after assuming supplementary responsibilities.