If You Slip and Get Injured in a Pension Bathroom? ... 13 Million Won Compensation Ruling

Court: "Safety measures to prevent slipping accidents are insufficient"
30% compensation ordered considering negligence of victim in their 60s

[Asia Economy Intern Reporter Lee Gyehwa] A guest who slipped and injured themselves in a pension bathroom filed a civil lawsuit against the pension owner and won.

On the 21st, the Ulsan District Court, Civil Division 17 (Judge Park Daesan) ruled partially against the plaintiff in a lawsuit filed by pension owner Mr. A against victim Mr. B to confirm non-existence of debt, ordering Mr. A to compensate the victim with 12.7 million KRW.

Mr. B, in his 60s, checked into a pension operated by Mr. A in Ulju-gun, Ulsan, with his family in July 2018. While entering the bathroom wearing the provided indoor slippers, he slipped and suffered a knee injury. As a result, Mr. B sustained tears in his right posterior cruciate ligament, medial collateral ligament, and meniscus of the knee joint.

Mr. B claimed that the bathroom tiles and slippers lacked anti-slip features, no anti-slip mats were installed, and there were no warning signs advising caution due to slipperiness, demanding compensation from Mr. A.

However, Mr. A argued that anti-slip indoor slippers were provided in the bathroom, and that the accident might have been caused by water on the floor after one of Mr. B’s party used the bathroom, denying liability for damages. Subsequently, Mr. B countersued Mr. A, demanding 23.61 million KRW for medical expenses and consolation money.

The court recognized the pension owner’s partial liability for damages, stating that the bathroom slippers appeared to be ordinary slippers and that sufficient measures to prevent slipping accidents were not taken. The court stated, “Based on the testimony of the insurance company employee in charge of damage assessment and other evidence, the indoor slippers provided in the bathroom were ordinary slippers, not anti-slip indoor slippers.”

Furthermore, the court explained, “Considering that the pension is located near a valley where water play is possible and has an outdoor swimming pool, the plaintiff could have reasonably anticipated that water might be present in the bathroom during guests’ use of the rooms. Nevertheless, it cannot be seen that ordinary safety measures to prevent slipping accidents were sufficiently implemented, so liability for compensation is recognized.”

However, the court noted, “There is a possibility that water on the floor during the use of the bathroom by Mr. B’s family caused the accident, and considering Mr. B’s age and other factors, it appears he did not exercise sufficient caution to prevent slipping. Therefore, Mr. A’s liability is proposed to be 30%,” explaining the reasoning behind the judgment.