How should hotels compensate for food poisoning?

Compensation standard for food poisoning in hotels

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. Compensation generally includes reasonable expenses and compensation such as transportation, communication, medical care, mental loss and lost time.

Article 143 of the criminal law

Whoever produces or sells food that does not meet the food safety standards enough to cause serious food poisoning accidents or other serious food-borne diseases shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and fined; Whoever causes serious harm to human health or has other serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined; If the consequences are especially serious, they shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment, and shall also be fined or confiscated.

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

Article 96 of the Food Safety Law 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. You should ask the other party to make a clear commitment to the compensation items and amount. If you agree, both parties sign. If the other party is not sincere, it can be solved through legal channels.