Traditional Culture Encyclopedia - Hotel accommodation - How much is the general compensation for food poisoning?
How much is the general compensation for food poisoning?
If food poisoning is caused by purchased food, food business operators or producers may be required to pay reasonable expenses including medical expenses, lost time, nursing expenses, transportation expenses, accommodation expenses, hospital food subsidies, necessary nutrition expenses, etc. Specific compensation can be determined according to the expenses incurred by the victim in seeking medical treatment and the income reduced due to missed work, which shall be determined by both parties through consultation. If negotiation fails, a lawsuit can be brought to the court, and the people's court will make a judgment.
Legal basis:
Law of the People's Republic of China on Protection of Consumer Rights and Interests
Article 11 Consumers who suffer personal or property damage due to purchasing or using commodities or receiving services have the right to compensation according to law.
Article 49 Where a business operator provides commodities or services, causing personal injury to consumers or other victims, it shall compensate the reasonable expenses for treatment and rehabilitation such as medical expenses, nursing expenses and transportation expenses, as well as the income reduced due to absenteeism. If it causes disability, it shall also compensate the disabled for living AIDS and disability compensation. If death is caused, funeral expenses and death compensation shall also be paid.
Article 17 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases.
If the victim suffers personal injury, the compensation obligor shall compensate all expenses such as medical expenses and income reduced due to missed work, including medical expenses, missed work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital food subsidies and necessary nutrition expenses. If the victim is disabled due to injury, the compensation obligor shall also compensate the necessary expenses incurred due to the increase of daily needs and the income loss caused by the loss of working ability, including disability compensation, disability AIDS, living expenses of the dependents, and necessary rehabilitation expenses, nursing expenses and follow-up treatment expenses actually incurred due to rehabilitation nursing and continuing treatment. If the victim dies, the compensation obligor shall, in addition to compensating the relevant expenses stipulated in the first paragraph of this article according to the rescue and treatment, also compensate the funeral expenses, living expenses of the dependents, death compensation and other reasonable expenses such as transportation, accommodation, lost time and so on for the funeral expenses of the relatives of the victim.
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