I believe everyone has the experience of shopping in the mall. There are many security measures in shopping malls. For example, words like "Watch out for slipping" will be written on the stairs. In case a child is injured in a shopping mall, should the responsibility be borne by the shopping mall or the merchant? Let Bian Xiao tell you who should be responsible for the injuries of children in the shopping mall.
Who should be responsible for the child's injury in the mall?
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The responsibility for children's injuries in shopping malls should be borne by shopping malls, because shopping malls, as organizers of some public places, need to fulfill their own security obligations. If reasonable security obligations are not fulfilled, the shopping mall shall bear all the compensation responsibilities.
According to the law, if a shopping mall fails to fulfill its security obligations within a reasonable limit, it should bear the corresponding liability for compensation. In terms of compensation items, victims who have suffered personal injuries can claim compensation for all kinds of medical expenses and reduced income caused by missed work, including medical expenses, missed work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital food subsidies and necessary nutrition expenses. If the victim is disabled due to injury, the compensation obligor shall also compensate the necessary expenses incurred due to the increase of daily needs and the income loss caused by the loss of working ability, including disability compensation, disability AIDS, living expenses of the dependents, and necessary rehabilitation expenses, nursing expenses and follow-up treatment expenses actually incurred due to rehabilitation nursing and continuing treatment. About the evidence, it will involve the identity information of the original defendant, subject qualification information, corresponding bills, disability appraisal materials and so on. The level of disability needs to be appraised by the corresponding judicial appraisal department before it can be determined.
If a natural person, legal person or other organization engaged in business activities such as accommodation, catering, entertainment or other social activities fails to fulfill the obligation of safety and security within a reasonable range, causing personal injury to others, and the obligee for compensation requests him to bear the corresponding liability for compensation, the people's court shall support it. If damage is caused by infringement by a third party, the infringing third party shall be liable for compensation. If the security obligor is at fault, he shall bear the corresponding supplementary liability for compensation within the scope that he can prevent or stop the damage. After assuming the responsibility, the security obligor may claim compensation from a third party. Where the right holder of compensation brings a lawsuit against the security obligor, the third party shall be regarded as a co-defendant, except where the third party is uncertain.
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.
If the shopping mall fails to fulfill its security obligations and causes personal injury to others, the shopping mall shall compensate all the losses. If the damage accident is caused by a third person, the third person shall bear the liability for compensation, and the shopping mall shall bear the supplementary liability for compensation. This also warns us to a certain extent that shopping malls, as the responsible persons for safety protection, should fulfill their responsibilities, and we should also pay attention to safety when visiting shopping malls to prevent safety accidents. All of the above are about who should bear the responsibility for the injury of children in shopping malls. If you have any questions in this regard, you can consult a lawyer in Zhumadian.