I slipped and fell in a mall. Can I claim from the owner?

What the Law Says

In India, liability for slip-and-fall accidents in malls arises primarily under tort law (negligence) and consumer protection law. Mall owners owe a duty of care to visitors as occupiers of premises.

Under the law of torts, an occupier (like a mall owner or manager) must ensure that premises are reasonably safe for lawful visitors. If they fail to do so — for example, by leaving spilled liquid unattended, not placing warning signs near wet floors, or ignoring broken tiles — and someone is injured as a result, they may be held liable for negligence.

The Consumer Protection Act, 2019 treats mall visitors as 'consumers' when they access services (e.g., shopping, dining, parking). Section 10 defines a consumer as one who hires or avails of any service for a consideration — which includes entry into a paid-access mall or use of its facilities. Deficiency in service — such as unsafe flooring or poor maintenance — makes the mall owner liable for compensation.

Additionally, Section 328 of the Indian Penal Code, 1860 criminalises voluntarily causing hurt by dangerous means — though rarely invoked in civil slip-and-fall claims, it underscores the seriousness of reckless endangerment of public safety.

Statutory Text

consumer means any person who— (i) buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment...

— Consumer Protection Act, 2019, s. 2(7)(a)

Statutory Text

deficiency in service means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force...

— Consumer Protection Act, 2019, s. 2(11)

What Courts Have Said

Indian courts have consistently held mall and commercial establishment owners liable for injuries caused by unsafe conditions on their premises — especially where negligence is evident.

What to Do

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