The roads and public squares of the capital are traditionally covered in ice and snow during the winter months, with slush accumulating on many surfaces. As a result, a significant number of people, both young and old, slip, fall and sustain injuries. Notably, the frequency of accidents and injuries caused by slipping and sliding has risen sharply in recent years, primarily due to the country’s failure to adhere to established standards for road and square construction, as well as inadequate enforcement of environmental hygiene regulations.
According to the National Traumatology and Orthopedics Research Center (NTORC), there were 3,849 cases of such accidents and injuries recorded in 2021. However, this figure surged to 8,547 in the following year, representing an increase of 45 to 55 percent annually. This alarming trend continues to place significant strain on both the economy and the healthcare system. The causes of these injuries are clear, and there are feasible measures to reduce such incidents by holding responsible parties accountable. However, there is a widespread lack of awareness among citizens, businesses and regulatory bodies about the relevant laws and regulations. Under the Law on Hygiene, businesses and organizations are legally obligated to ensure the safety of their premises and the surrounding areas, up to a distance of 50 meters, which includes the removal of snow and ice. Despite this, many organizations failed to fulfill these responsibilities following the heavy snowfall in the capital a few days ago, exacerbating the risk of accidents and injuries.
Official institutions and service centers have likely ensured that their own yards and properties are thoroughly cleaned of snow and ice, with no trace of snow remaining. However, the areas and sidewalks surrounding these properties remain covered in snow and ice. In this regard, private sector businesses and service organizations are no different from ordinary households that diligently clean their yards, dispose of their garbage and attend to their daily chores, yet neglect to clear the surrounding snow and ice. As a result, the walkways are frequently trampled by pedestrians, with no clear end to the flow of foot traffic. It has now been 10 days since the snowfall, yet many areas, including stairs, remain uncleared. While the city’s landscaping department has been working to clear snow and ice from public roads and areas, the slippery conditions persist, and the safety of the public remains compromised.
NTORC has operated a nationwide system for monitoring accidents and injuries since 2015, gathering and analyzing data from healthcare organizations at all levels. As part of this initiative, the Central Statistics and Surveillance Office conducted an epidemiological study on accidents, injuries, external causes of illness and mortality in Mongolia. Last week, the study was presented in the report titled Epidemiological Study on Accidents and Injuries Registered from 2019 to 2023. This study highlighted that, without immediate action to address and reduce accidents and injuries, which are major contributors to illness and mortality - particularly those that are preventable - the situation will only worsen.
In particular, a single snowfall in the capital at the end of October resulted in a 50 percent increase in the workload of NTORC, with 86 individuals receiving assistance for injuries sustained from falls. Since that time, following a heavy snowfall on November 25, the center has reported an ongoing trend of 20 to 30 cases daily, involving individuals who have suffered broken limbs, crushed fingers and toes, back injuries, sprained knees and elbow sprains due to slipping on icy surfaces. In addition to these injuries, there have been numerous serious cases involving cracked or fractured skulls and brain bones, dislocated hips, and fractures to the spinal cord and coccyx as a result of violent falls.
In response, medical professionals at the center have advised citizens to take precautions, such as walking with a hunched posture on snowy and icy roads, adopting a penguin-like shuffle, wearing shoes with non-slip rubber soles and avoiding letting children or the elderly venture outdoors alone. They emphasized that if organizations and businesses took responsibility for clearing snow and ice from the areas around their properties, the incidence of such accidents and injuries would decrease significantly. The doctors pointed out that nearly all public spaces in the capital are, in fact, within the jurisdiction of organizations or businesses. As a result, the responsibility for maintaining the safety of these areas falls largely on these entities. They stressed that by fulfilling their duties and obligations, the occurrence of falls and related injuries could be substantially reduced or even eliminated. According to national statistics, more than 40 percent of all accidents and injuries registered nationwide continue to result from pedestrian falls.
Here is an example of the issue at hand: Last year, citizen U fell down the stairs of a service institution, sustaining a serious injury to his jaw. Initially, he did not fully realize the extent of the injury, but noticed a cut on the lower part of his jaw. He covered the wound with a tissue and went to NTORC, where he requested four stitches. It was only after being examined that he realized the severity of the incident. At the time of the fall, the weather in the city was relatively warm, with light snow. Unfortunately, the stairs where citizen U fell were steep and lacked any anti-slip protection. He expressed frustration, stating, “I recently passed by the place where I slipped and fell last year, and the same old smooth-tile steps are still there. They haven’t even put down any carpet or rubber. They haven’t apologized for hurting anyone.” This incident occurred right at the entrance of a company that provides a drop-off and pick-up service. The fall not only caused physical injury but also affected Citizen U’s appearance. However, despite the clear circumstances, he was unable to hold the company accountable for the injury. Like many others, he was unaware of what actions to take in such situations. This highlights the broader issue that many individuals lack knowledge about their rights and the steps they can take to seek compensation or demand accountability from responsible parties, especially when it comes to preventable accidents caused by poorly maintained or unsafe environments.
When you slip, fall and sustain an injury, the impact extends beyond just physical harm. It affects not only your own well-being but also that of your loved ones and places a significant burden on the healthcare system. Medical supplies such as trauma medications, injections, disinfectants, bandages, sutures and nails are costly, and the resources required for treatment are not cheap. Additionally, recovery from injuries such as bone fractures often takes one to two months, during which an individual may return to normal activities and work. In cases of more severe injuries, the recovery period can extend even further, resulting in long-term incapacity and an inability to perform daily tasks or return to work. Given these consequences, if citizens are injured due to falls, and subsequently suffer health issues or financial losses, they should know their rights and pursue compensation for the damages. Understanding the basic legal principles surrounding compensation is crucial for ensuring that individuals are fairly compensated for their injuries. By increasing awareness of these rights, citizens can hold businesses and organizations accountable for maintaining safe environments.
If you slip and fall and sustain an injury, you have the right to seek compensation based on the following provisions of the Law on Public Health, which governs the creation of a safe and healthy environment, ensuring that citizens are protected from environmental factors that may harm their health. Under Article 4.4.3, citizens, business entities and organizations are required to clean and remove waste within 50 meters of their property, as well as maintain green spaces. Furthermore, Article 13.1.6 stipulates that public roads, sidewalks and areas within this 50-meter zone must be kept free of waste, snow and ice. The law also mandates that stairs and railings be maintained in good condition to prevent accidents.
In the event that you slip and fall on property owned by an organization or within the 50-meter radius of their land, the organization is responsible for the incident and must compensate you for medical expenses, lost wages and any other costs associated with your recovery. If the organization refuses to voluntarily compensate you, the next step would be to file a claim in Civil Court. For cases involving public spaces, such as sidewalks, squares, or public stairs with smooth stone slabs, where the injury is due to substandard construction or lack of safety measures, the responsibility falls on the city mayor. Under Article 11 of the Law on Public Health, the city authorities are obligated to maintain these public spaces safely. If the authorities fail to do so and a slip and fall injury occurs, you can claim compensation directly from the city.
To seek compensation, it is important to first document the incident by reporting it to the responsible organization or business entity. You should take photos of the area where the fall occurred, especially if there were hazardous conditions such as ice, snow, or poor maintenance. It is also essential to seek medical attention to assess your injury and obtain the necessary documentation, which will be important for calculating your medical expenses and lost wages. Once your injuries are documented, you can approach the responsible organization or business to request compensation. If they refuse or fail to respond, you have the right to pursue legal action in civil court. If the accident occurred in a public space due to poor maintenance or unsafe construction, you should file a complaint with the Mayor’s Office, as they are responsible for maintaining safe public spaces and may be liable for the damages.
Moreover, under Article 11.1.6 of the Law on Public Health, the capital mayor is responsible for the cleaning, landscaping and maintenance of public roads and areas. This includes ensuring that sidewalks, squares and public spaces are safe and free from hazards like snow, ice, or waste. If an individual slips and falls in such areas due to poor maintenance or unsafe conditions, they have the right to seek compensation from the mayor or other relevant administrative bodies.
In accordance with Article 497.1 of the Civil Code, any person or entity that causes harm to another’s rights, life, health, honor, reputation, or property through unlawful or negligent actions is liable for that harm and is obligated to eliminate it. In the context of a slip and fall injury, if the injury was caused by negligence, such as failure to clear snow or ice, those responsible (whether a business, organization, or government authority) must provide compensation for medical costs, lost wages and any other damages resulting from the accident.
The General Administrative Law provides further recourse, stating in Subsection 100.1 that both citizens and legal entities have the right to demand compensation for damages caused by illegal actions or omissions by public administrative bodies. This means that if the Mayor’s Office or other administrative organizations fail to maintain safe public spaces, citizens can demand compensation. If these authorities refuse to provide compensation, the next step is to file a lawsuit with the Administrative Court. Alternatively, if the issue is not resolved through the administrative process, individuals can also seek compensation through the Civil Court.
Basically, citizens have a clear legal pathway to seek compensation for injuries caused by unsafe public areas or negligent actions by administrative bodies. If the responsible authorities refuse to compensate for damages, legal recourse is available through both administrative and civil courts.
