Law

How to determine responsibility for slipping and getting injured while dining in a restaurant? (News Opinion)

2025-09-16   

Who should bear the responsibility for slipping and causing bodily injury while dining out? The Beijing Second Intermediate People's Court recently concluded a related case. Ms. Wang accidentally fell and was injured while walking towards her seat while dining at a restaurant, and was immediately taken to the hospital for treatment. About 3 minutes after the incident, the restaurant waiter went to the place where Ms. Wang fell and wiped the ground. Afterwards, Ms. Wang filed a lawsuit with the court, demanding that the restaurant operator compensate her for losses such as medical expenses and nursing fees. After trial, the court found that based on the on-site video of the restaurant service personnel wiping the ground at the place where Ms. Wang fell, as well as the statements of the personnel present and witness testimonies, the ground was not in a dry state at the time of the incident. The restaurant was at fault for negligence in management and failure to fully fulfill its safety obligations, and this fault was causally related to Ms. Wang's injury. The court comprehensively considered the degree of fault of both parties and determined that the restaurant should bear 60% of the compensation responsibility for Ms. Wang's losses, while Ms. Wang herself should bear 40% of the responsibility. The court ruled that the restaurant should pay Ms. Wang a total of more than 120000 yuan for various losses such as medical and nursing expenses. According to Article 1198 of the Civil Code, restaurant operators are the subject of legal safety protection obligations. How to determine whether the management entity has fulfilled its security obligations? Judge Song Guang introduced that restaurant operators must take necessary safety measures to avoid personal and property damage to customers, including but not limited to: ensuring that the restaurant meets relevant building standards; Reasonably set up facilities and equipment such as seats, lines, steps, display cabinets, etc; Promptly deal with abnormal conditions such as wet and slippery ground, and set up anti slip warning signs and remind customers to pay attention during cleaning operations (such as mopping). After cleaning, ensure that the ground is dry; Take corresponding preventive measures against potential risks. If an accident occurs, the restaurant must promptly rescue the injured, take appropriate measures such as contacting their families and providing medical assistance to avoid further damage. Zhao Yinhao, the chief judge of the Civil Sixth Division of Beijing No.2 Intermediate People's Court, introduced: "In this case, the restaurant operator failed to timely eliminate safety hazards in the service area, resulting in customer injuries. From both legal and industry standards perspectives, it has violated its due safety protection obligations and therefore should bear responsibility. As a person with full capacity for civil conduct, Ms. Wang has a duty of prudent care for her own safety and should also bear certain responsibilities

Edit:Wang Shu Ying Responsible editor:Li Jie

Source:people.cn

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