Constituting Liability and Methods of Assuming Liability

Abstract

Case::

Shuying Ren vs. Ito Yokada Shopping Mall (Shilipu Branch) of HT-Store Company Ltd.

Facts::

Plaintiff, a 60-year-old woman, was injured when she participated in a sales-promotion program held by Defendant. As a result of the chaos in the mall, massive number of customers, and the mall’s poor organization, Plaintiff was pushed, fell over, and suffered an innominate bone fracture.

Issue::

Can the injured customer, who was at fault when the accident happened, recover damage from shopping mall?

Holding::

As the operator of the sales-promotion program, Defendant should have anticipated the large number of customers and spaced apart the pedestrian flow. Here, Defendant failed to comply with his duty with due care. Conversely, as an elderly person, Plaintiff should have foreseen the potential for chaos in the shopping mall and taken proper measures to protect herself from being pushed over and getting injured. Plaintiff was partially at fault for her own injury. Therefore, Defendant’s liability was diminished accordingly.

Rule::

When a customer was partially at fault for her own injury, the shopping mall remains liable, but the liability shall be diminished in accordance with the degree of the customer’s negligence.