Compensation standard for food poisoning in hotels

Legal analysis: Compensation generally includes reasonable expenses such as transportation expenses, communication expenses, medical expenses, mental damage compensation, lost time and compensation.

Food poisoning refers to acute diseases caused by food contaminated by bacteria or bacterial toxins or food containing toxins. There are different clinical manifestations according to the etiology.

Investigate and collect evidence first, then report to the health department and report to the local police station (mainly to collect evidence). If the investigation is true and the circumstances are serious, the hotel will violate criminal responsibility. If there are no serious consequences, it will generally be administrative fines and compensation.

Legal basis: Article 41 of the Law of People's Republic of China (PRC) on the Protection of Consumers' Rights and Interests, if a business operator provides goods or services and causes personal injury to consumers or other victims, it shall pay medical expenses, nursing expenses during treatment, income reduced due to absenteeism and other expenses. If it causes disability, it shall also pay the self-help appliances, living allowance, disability compensation, necessary living expenses and other expenses of the person it supports; If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 96 of the Food Safety Law of People's Republic of China (PRC) violates the provisions of this law, causing personal, property or other damage, and shall be liable for compensation according to law.

In the production of food that does not meet the food safety standards or the sale of food that is known to fail to meet the food safety standards, consumers can claim compensation of ten times the price from the producer or seller in addition to compensation for losses.

If there is evidence to prove that the victim was poisoned by the products provided by the hotel, the hotel should compensate the victim for medical expenses, nursing expenses, postoperative nutrition expenses, lost time and other expenses. Ask the other party to make a clear commitment to the compensation items and amount. If there is an agreement, both parties shall sign it. If the other party is not sincere, it can be solved through legal channels.