This guide explains—step by step—how injured shoppers can pursue compensation in the Philippines when a mall’s unsafe condition causes harm. It covers legal bases, who may be liable, what you must prove, the evidence to gather, deadlines, where to file, damages you can claim, defenses you’ll face, and a practical playbook from incident to payout.

1) The Legal Foundations (Why a Mall Can Be Liable)

a) Quasi-delict (tort) under the Civil Code (Art. 2176). If a mall fails to exercise the care of a reasonably prudent property owner/manager and you’re injured, you may sue in tort. You must prove negligence, causation, and damages.

b) Vicarious liability (Art. 2180). Owners/managers of business establishments are liable for the negligent acts of their employees in the service of the establishment, unless they prove diligence in selection and supervision.

c) Contributory negligence (Art. 2179). If you were partly at fault (e.g., running on a wet floor), your damages may be reduced proportionately—but your claim is not automatically barred.

d) Breach of statutory duties (negligence per se). Violations of safety laws, codes, and ordinances can establish or strongly support negligence:

National Building Code (PD 1096) and its IRR
Fire Code, Sanitation Code, Philippine Electrical Code
Accessibility Law (BP 344) (ramps, handrails, tactile paving)
DOLE/OSH standards for workplaces open to the public
LGU ordinances (e.g., permits, occupant load, guard/cleaner ratios)

e) Special doctrines.

Res ipsa loquitur: Accidents like elevator/escalator malfunctions, ceiling collapses, or falling fixtures may allow an inference of negligence because such events ordinarily do not occur without negligence and the instrumentality was under the mall’s control.
Premises liability principles: Business invitees (shoppers) are owed the highest duty of care—regular inspection, hazard removal, warning signage, and adequate security/maintenance.

2) Who You Can Sue

Depending on the facts, name one, several, or all of these as defendants (solidary liability is possible):

Mall owner/lessor (corporation)
Property/asset manager (if separate)
Security agency and janitorial/maintenance contractor (even if “independent,” the mall may share liability; the mall must also show diligence in selecting/supervising contractors)
Tenant/store (if the hazard arose from a tenant’s area/fit-out)
Technical contractors (e.g., elevator/escalator company, fit-out contractor)
Individual employees (rarely necessary in practice, but possible for clarity of roles)

Practical tip: Naming all plausible responsible entities at the outset reduces finger-pointing and preserves claims while you sort out fault through discovery.

3) What You Must Prove (and How)

Elements of negligence:

Duty of care owed by the mall/defendants
Breach (e.g., no warning signs, poor maintenance, code breaches, inadequate security, cluttered aisle)
Causation (the breach caused your injury; medical and factual linkage)
Damages (medical bills, lost earnings, pain, etc.)

Key evidence to collect:

Incident report (file at the mall immediately; get a copy or at least note the case/reference number)
CCTV footage (request preservation in writing at once; ask the mall’s Data Protection Officer for a copy citing “establishment, exercise, or defense of legal claims” as a lawful basis under data-privacy rules)
Photos/videos of the hazard, your injuries, clothing/footwear, and scene (include wide shots, close-ups, and context)
Witness statements with contact details (neutral witnesses are gold)
Medical records (ER notes, diagnostics, prescriptions, PT records); keep receipts
Employment proof & income loss (payslips, certifications, gig logs, contracts)
Maintenance & safety logs (demand later in litigation: cleaning schedules, inspection sheets, security post orders, prior incident logs, elevator/escalator service records)
Regulatory documents (occupancy permits, inspection reports, sanctions)
Your pain journal (daily pain levels, functional limits; helps quantify moral/temperate damages)

Causation tips: Link the mechanism of injury to the hazard: e.g., “wet floor with no signage → slip → left distal radius fracture (as per X-ray).” Doctor’s opinions and PT notes matter.

4) Deadlines (Prescription) and Early Moves

Quasi-delict claims generally prescribe in 4 years from when the cause of action accrues (usually the date of injury or discovery).
Interruption: A written extrajudicial demand can interrupt prescription—send a demand letter ASAP (keep proof of delivery).
If there’s a contractual angle (e.g., tenant-customer warranty), different periods may apply—but tort remains the usual path.

Barangay conciliation? Typically not required when a corporation (e.g., the mall) is a party, or when parties reside in different cities/municipalities, or when urgent legal action is necessary.

5) Where and How to File

Venue (personal actions):

Where you reside or where any defendant resides, or where the cause of action arose.

Court:

First Level Courts (MeTC/MTC/MCTC) have jurisdiction over civil actions where the amount of your claim does not exceed ₱2,000,000 (exclusive of interest, damages other than actual, attorney’s fees, and costs).
Regional Trial Courts (RTC) if your total claim exceeds ₱2,000,000.

Small Claims (streamlined, no lawyers required):

Check the current threshold (recent amendments expanded it significantly). If your pure money claim (e.g., medical bills, lost wages) fits and you’re comfortable foregoing non-monetary relief, small claims can be faster. Note: not ideal for complex evidence, expert testimony, or when you need discovery.

Alternative dispute resolution:

Negotiation with the mall’s risk team/insurer often begins after your demand letter.
Court-Annexed Mediation/Judicial Dispute Resolution (JDR) is common after filing and can lead to settlement.

6) The Damages You Can Recover

A. Actual/Compensatory Damages

Medical expenses (past & reasonably certain future)
Lost income (past) and loss of earning capacity (future)
Out-of-pocket costs (transport, carers, braces, devices, home modifications)

B. Moral Damages (Art. 2217) For physical injuries causing anxiety, sleepless nights, humiliation, or social stigma. Document with medical and personal accounts.

C. Temperate Damages (Art. 2224) If you suffered pecuniary loss but cannot prove the exact amount (e.g., lost gig opportunities), the court may award a reasonable sum.

D. Exemplary Damages (Art. 2232) To set an example or correct a public wrong when the defendant’s conduct is grossly negligent or shows wanton disregard (e.g., prior similar accidents ignored).

E. Attorney’s Fees & Costs (Art. 2208) When you’re forced to litigate due to the defendant’s act or omission; courts award what is reasonable.

F. Legal Interest Monetary awards generally earn 6% per annum from the date fixed by jurisprudence (often from finality of judgment for unliquidated damages, and from demand or filing for liquidated sums).

7) Typical Defenses (and How to Counter)

“We exercised due diligence.”
- Counter with maintenance gaps, understaffing, missing inspection logs, late repairs, or prior incidents.
“Open and obvious hazard.”
- Argue foreseeability and that reasonable care still required removal, guarding, or warning.
Contributory negligence.
- Prepare evidence of your reasonable behavior (proper footwear, normal walking, no distractions).
Independent contractor defense.
- Show mall’s control over operations, retained duties to the public, or negligent selection/supervision.
Act of God/superseding cause.
- Separate unavoidable natural events from preventable harm (e.g., ceiling that should withstand heavy rain).
No causation / pre-existing condition.
- Use medical documentation to tie the injury to the incident; distinguish aggravation from prior conditions.

8) Insurance and Practical Settlement Strategy

Most malls carry commercial general liability (CGL) insurance. You usually demand from the mall, which then coordinates with its insurer.
In negotiations, present a settlement package:
- Liability memo (facts, code breaches, res ipsa, photos)
- Medical bills & summaries
- Proof of income loss (and a projection if injuries affect future work)
- Pain journal excerpts and impairment reports
- A reasonable demand (itemized), anticipating a counteroffer
Maintain a professional, evidence-driven tone—adjust asks as more records come in (e.g., MRI results, surgery recommendations).

9) Special Scenarios

Escalator/Elevator injuries:

Invoke res ipsa, demand third-party maintenance logs and service bulletins, and consider engineering expert input.

Slip-and-fall on wet floors:

Focus on inspection/sweeping intervals, signage, mats, drainage, and traffic patterns (peak times need more cleaners and signs).

Falling merchandise/fixtures/ceiling tiles:

Show improper stacking/fixing, overloading, or deferred maintenance.

Inadequate security (assaults/robberies):

Establish foreseeability (prior incidents, high-risk zones) and insufficient measures (lighting, patrols, CCTV coverage, response times).

Children, seniors, and PWDs:

Heightened foreseeability; BP 344 compliance becomes critical (handrails, ramp slopes, tactile cues).

Wrongful death:

Prove pecuniary loss to heirs (support, services), funeral/burial costs, and moral/exemplary damages; appoint an estate representative if appropriate.

10) Your 10-Step Action Plan

Get medical help immediately. Keep all records and receipts.
Report the incident to mall management the same day; obtain the incident report details.
Preserve evidence: photos, videos, clothing, footwear.
Request CCTV preservation/copy in writing (address the mall’s DPO).
List witnesses and secure statements/contact details.
Start a pain and recovery journal.
Send a demand letter (summary of facts, law, damages, and a deadline).
Negotiate with the mall/insurer; be ready with a documented settlement package.
File suit within the 4-year prescriptive period if negotiations fail; choose the proper court based on your claim amount and venue rules.
Pursue mediation/JDR and, if needed, trial, with experts (medical/engineering) to solidify causation and standard-of-care breaches.

11) Drafting Your Demand (Outline You Can Reuse)

Header: Your name/contact; date; mall’s legal name & address; Attention: Legal/Claims & DPO
Subject: Claim for injuries from unsafe premises – [Date/Location]
Facts: Timeline; hazard; how injury occurred; immediate response
Liability: Cite negligence, code/ordinance breaches, res ipsa (if applicable)
Injuries & Treatment: Diagnoses; procedures; ongoing care
Damages: Itemized actual expenses; lost income; non-pecuniary harms; future care estimate
Demands: Peso amount with basis; request for CCTV, maintenance logs, incident reports; reply deadline (e.g., 15 days)
Preservation Notice: Demand preservation of all ESI (CCTV, radio logs, emails, tickets)
Closing: “Without prejudice” to rights/claims

12) FAQs

Q: I signed an incident form—did I waive my rights? Usually no. Incident forms document facts; they rarely contain valid waivers. Have a lawyer review any release before accepting compensation.

Q: I was wearing heels—does that kill my case? Not necessarily. It may go to contributory negligence and reduce—but not bar—recovery.

Q: The mall says the contractor is to blame. You can sue both. Let discovery apportion fault.

Q: How much is my case worth? Anchored on provable losses (medical, income), severity/permanency of injury, and conduct (ordinary vs. gross negligence). Document everything.

Q: Will I need experts? Often yes—orthopedic/rehab for causation and impairment; engineer/safety for code compliance and standard of care.

13) Final Pointers

Move fast on CCTV—many systems overwrite within days.
Don’t post details on social media.
Keep treatment consistent; gaps weaken causation.
Consider contingency-fee counsel for serious injuries.
Always track the 4-year prescription and venue/jurisdiction thresholds.

Bottom line: If a mall’s unsafe condition injures you, Philippine law provides clear paths to compensation. Build a clean evidentiary record, send a documented demand, negotiate professionally, and—if necessary—file in the proper court within the prescriptive period.