Shopping malls have failed to fulfill their security obligations, at least they have not given any hints about the places where there may be security risks, and they should bear corresponding responsibilities. You can treat it first, and then bring a lawsuit to the people's court after the treatment, asking the shopping mall to compensate you for medical expenses, lost time, transportation expenses, nutrition expenses and other reasonable losses.

According to the specific situation at that time, the general shopping mall should bear the responsibility according to the degree of fault, and you should also bear part of the responsibility if you are at fault.

I. Civil compensation

1. If the mall fails to fulfill its security obligations, it can claim compensation.

2. You can claim civil compensation from the other party, claiming medical expenses, lost time, nutrition expenses, nursing expenses, property losses, etc. If it constitutes a disability, you can also ask the other party to compensate for the disability compensation. The amount of expenses can refer to the following standards.

(1) medical expenses

Medical expenses are determined according to the hospital diagnosis certificate and regular medical invoices. Including registration fee, examination fee, operation fee, medical fee, hospitalization fee, plastic surgery fee and follow-up treatment fee;

(2) Nutrition fee

The amount of nutrition fee is determined according to the diagnosis certificate of nutrition demand and related expense certificate issued by the doctor. Refers to the cost of auxiliary treatment of physical diseases or purchase of nutrients other than daily diet in order to make the body recover as soon as possible.

(3) lost time and nursing expenses

The lost time fee and nursing fee are determined according to the lost time fee and income of the victim or nursing staff. If there is a fixed income, the lost time fee shall be calculated according to the actual reduced income. If there is no fixed income, it shall be calculated according to its average income in the last three years; If the victim can't provide evidence to prove his average income in the last three years, he can refer to the average salary of employees in the same industry or similar industries where the Court of Appeal is located in the previous year. When you claim that you have lost time, it is enough to show proof of income.

(4) Transportation and accommodation expenses

The transportation expenses are calculated according to the actual transportation expenses incurred by you and the necessary accompanying personnel for medical treatment, accompanying or transferring to hospital for treatment;

Accommodation is paid according to the actual accommodation expenses of you and your entourage;

Hospitalization food subsidies should be calculated according to actual expenses or local actual living standards;

(5) Disability compensation

Disability compensation is calculated according to the disability level determined by judicial appraisal, the living expenses or income standard of the victim's domicile or actual residence. According to the local per capita disposable income of urban residents or the per capita net income of rural residents in the previous year, it is calculated for 20 years from the date of disability. However, for those over 60 years of age, the age will be reduced by one year for each additional year; Seventy-five years of age or older, calculated by five years;

(6) Disability assistive devices fee

The cost of assistive devices for the disabled shall be calculated according to the reasonable cost standard of common applicable devices.

(7) Property losses

Property loss is limited to the actual property loss you have suffered, including the maintenance cost and depreciation cost of the goods, and limited to the actual value of the damaged goods. Invoice, contract, receipt, etc. Proof of the purchased goods should be provided to prove the value of the damaged goods. If the value cannot be determined, it may apply for appraisal and be determined according to the appraisal conclusion.

3. The limitation of action for personal injury compensation is 1 year, counting from the date when you know or should know that the infringement occurred. If the statute of limitations is exceeded, the right to win the case will be lost. Therefore, it is suggested to file a lawsuit within 1 year to safeguard their legitimate rights and interests.

legal ground

Law of the People's Republic of China on Protection of Consumer Rights and Interests

Article 7 Consumers have the right to protect personal and property safety when purchasing and using commodities and receiving services.

Consumers have the right to demand that the goods and services provided by business operators meet the requirements of protecting personal and property safety.