Slippery Settlement: A Chengdu Mall Mishap and the Costly Quest for Compensation

Howard and his father Albert were on a fashion-forward mission at Happy Centre in Chengdu. Albert, a man with a penchant for Chinese style threads, was looking to add a Chinese Tunic Suit to his collection for his birthday celebration.

Post-purchase, Albert, who juggles life with diabetes, needed a quick detour to the restroom. But fate had a wet and wild twist in store—the bathroom was less ‘sparkling clean’ and more ‘indoor pool party gone wrong.’ Albert slipped, and in a less-than-graceful ballet move, met the floor with a crack, trading a shopping bag for a cast on his arm. And the hospital bill? It danced to the tune of a hundred thousand Yuan.

Insurance? Howard hadn’t thought they’d need that for a shopping trip. Savings? Not enough to cover the unforeseen ‘splash and crash.’

Albert, arm in sling, confronted June, the shopping mall manager, with a simple request: “Your swimming pool of a bathroom has left us with a hefty bill. Time to dive into your wallet, don’t you think?”

June, as expected, wasn’t keen on just opening the till: “Proof? Without it, how can we say your dad didn’t just fancy a dramatic fall?”

Albert had a trick up his sleeve, though: “Witnesses are ready to speak up, and we’ve got the entire water ballet on video. Time to settle up, or shall we go for a public splash?”

June was unmoved: “Did we give him a push? No. He fell solo. And we’ve got facilities for those needing a steadier stance. Your wallet stays shut.”

Could Albert still claim his due?

 

Law In a Minute

Yes, Albert is entitled to compensation.

As the entity responsible for managing the shopping mall, they have a duty to ensure the safety of patrons of all ages. Neglecting to address a wet floor, a recognized hazard, requires the placement of warning signage to alert individuals to the potential danger.

According to China’s Tort Liability Law, the management of a facility, such as a shopping mall, has an obligation to uphold the safety of public spaces. Should they fail to do so, the management becomes liable. The presence of excess water on the floor constitutes a breach of the duty of care, and claiming that the victim’s frailty is a valid defense is not legally acceptable.

The principle known as the “eggshell-skull rule” dictates that one must assume full responsibility for the consequences of their actions, even if the resulting harm is exacerbated by the victim’s pre-existing vulnerability, which may not have been apparent. In other words, the shopping mall management must “take their victims as they find them,” and thus would be liable for all resulting damages from their negligence, regardless of the victim’s fragility.

 

Legal Basis

Civil Code

Article 1198

The manager of a public venue such as a hotel, shopping center, bank, station or entertainment place or the organizer of a mass activity shall assume the tort liability for any harm caused to another person as the result of his failure to fulfill the duty of safety protection.

If the harm to another person is caused by a third party, the third party shall assume the tort liability; and the manager or organizer, if failing to fulfill the duty of safety protection, shall assume the corresponding complementary liability.

Protection of the Rights and Interests of Consumers Law of the People’s Republic of China

Article 11

A consumer shall have the right to obtain compensation in accordance with the law where harm is inflicted upon their person or property as a result of the purchase or use of a commodity or the receipt of a service.