Elevator pinches foot causing disability, mall compensates for failing in duty

[2] Compiled from: Shandong High Court
 
Case review
In May 2020, Zhang's mother took Zhang (then 5 years old) on an escalator at Company A's mall. Zhang rubbed his foot against the brush at the bottom edge of the escalator side. Zhang's mother stopped him, but seconds later, Zhang's right foot was caught in the escalator, resulting in the severance of three toes. Zhang filed a lawsuit, requesting that Company A pay over 770,000 yuan in damages, including disability compensation, costs for assistive devices, and nursing expenses.

 
 

Zhang argued that a sudden malfunction of the escalator at Company A's mall caused his right foot to be caught, and that no security personnel stopped the escalator immediately, prolonging his injury. He claimed that since his mother had fulfilled her safety duties without fault, Company A should bear tort liability for the injury to his right foot while he was riding the escalator normally. Company A confirmed that Zhang was injured when his foot was caught in the escalator at their mall, but stated that the escalator was operating normally without malfunction, and the injury occurred because Zhang inserted his foot into the escalator, with his mother failing to supervise properly, thus Company A should not be liable.
 
After trial, the court found that Zhang's right foot was caught while riding a normally operating escalator. Zhang claimed the escalator had a design defect or sudden malfunction, but provided no evidence. Surveillance footage showed Zhang extending his foot to rub the escalator edge, and his mother pulled him but did not guide him to a safe position. Due to negligence in her supervisory duties, Zhang's mother bore primary fault for the loss. Although Company A submitted records of regular escalator maintenance and posted safety warnings at the site, the font was too small and inconspicuous, and no security personnel stopped the escalator promptly when Zhang's foot was caught. Thus, Company A had deficiencies in personal safety protection, failing to fully fulfill reasonable safety obligations, and should bear corresponding compensation liability for Zhang's injury. Considering the case circumstances and the fault levels of both parties, the court determined Company A's liability proportion at 45%, ordering them to pay over 170,000 yuan in damages, including disability compensation, assistive device costs, and nursing expenses. After the first-instance judgment took effect, the defendant voluntarily fulfilled the legal obligation.
 
 
Civil Code of the People's Republic of China
第1173条
If the injured party is also at fault for the occurrence or escalation of the same damage, the liability of the tortfeasor may be reduced.
 
第1179条
Injuring another causing personal harm requires compensation for reasonable expenses such as medical fees, nursing costs, transportation, nutrition, hospital meal subsidies for treatment and recovery, and lost income from missed work. If disability results, assistive device costs and disability compensation must also be paid; if death results, funeral expenses and death compensation must be paid.
 
Article 1198, Paragraph 1
[5] Operators, managers of business premises such as hotels, shopping malls, banks, stations, airports, sports venues, entertainment venues, or organizers of mass activities, who fail to fulfill their safety guarantee obligations, causing harm to others, shall bear tort liability.
 
 
[1] The author's perspective
Incidents of children inserting feet into escalator sides causing injury occur frequently, partly due to guardians failing in supervision and partly due to venue operators failing in their duty to warn. This case shows that as mall operators and managers, entities have a duty to ensure personal safety for escalator riders within the mall, including both safety risk warnings and emergency response measures after safety issues arise. If this duty is not fully fulfilled, leading to injury of the infringed party, compensation liability for losses must be borne.
 
[1] Minor children are persons without civil capacity, lacking the ability to recognize and prevent dangers. When riding escalators, guardians should exercise careful and comprehensive supervision, fulfill full custodial responsibilities, and keep children's feet away from escalator edges or other hazardous positions to ensure their safety. If a guardian is negligent in performing their duties, and the mall operator also has deficiencies in fulfilling safety obligations, both parties shall bear proportionate compensation liability for the victim's losses based on their respective degrees of fault.