The 2015 Tourism Law Concerns Compensation for Food Poisoning During Travel

The People's Court of Jingkou District, Zhenjiang City, Jiangsu Province recently pronounced a verdict on a personal injury compensation dispute caused by food poisoning by tourists during travel. The court's first-instance verdict was that Ding Mingxi, the owner of Donggang Puri Hotel in Rizhao City, Shandong Province, took effect after the verdict Compensate the plaintiff Ms. Li for economic losses of 2,987.32 yuan within ten days. At the same time, it was ordered that a travel agency in Rizhao City, Shandong Province and a travel agency in Zhenjiang, Jiangsu Province bear supplementary compensation liability for the above debts.

On July 21 and 22, 2006, Ms. Li signed up to travel to Rizhao, Shandong, organized by a travel agency in Rizhao and a travel agency in Zhenjiang. During the tour, the tourists' meals and accommodations are organized and arranged by a travel agency in Rizhao. At about 12 noon on July 22, 2006, Ms. Li and other tourists were arranged by a travel agency in Rizhao to have a group meal at the Puri Hotel in Rizhao. The recipes at that time included squid and roasted cowpeas.

After lunch, Ms. Li drove back to town with the group. On the way, she and other tourists fell ill one after another. The symptoms were abdominal pain, diarrhea, vomiting and fever. Due to the seriousness of her condition, Ms. Li went to the emergency department of Zhenjiang First People's Hospital and was diagnosed with acute gastroenteritis. As of the afternoon of July 24 of the same year, 20 of the tourists in this group had developed symptoms and 17 had gone to the hospital for treatment. After testing by the Zhenjiang Municipal Center for Disease Control and an investigation by the Zhenjiang Municipal Health Supervision Office, the symptoms of 20 people, including the plaintiff, were food poisoning accidents caused by Vibrio parahaemophilus contaminating food. According to the pathogenic characteristics of Vibrio parahaemophilus and the clinical characteristics of the incubation period of the disease, the lunch on July 22, 2006 was the main cause of the food poisoning.

Because the food provided by the Puri Hotel in Rizhao City run by the defendant Ding Mingxi was unhygienic, a travel agency in Rizhao and a travel agency in Zhenjiang failed to pay attention and stop it, resulting in Ms. Li's food poisoning. Therefore, Ms. Li sued and demanded that the hotel and travel agency publicly apologize and compensate for testing fees of 3,200 yuan, medical expenses of 1,635.32 yuan, lost work expenses of 160 yuan, hospital food subsidy of 72 yuan, nursing fees of 160 yuan, nutrition fees of 60 yuan, and mental damage consolation of 100 yuan. The total amount is 5387.32 yuan.

After the court accepted the case, public hearings were held on November 8 and December 12, 2006.

The former Donggang Puri Hotel in Rizhao City has been deregistered with the industrial and commercial department on November 29, 2006. The defendant Ding Mingxi is the former owner of Donggang Puri Hotel in Rizhao City and is an individual industrial and commercial owner. The defendant Ding Mingxi argued that we could not confirm that the plaintiff had dined at our hotel. The test report issued by the Zhenjiang Center for Disease Control and Prevention and the investigation report made by the Zhenjiang Health Supervision Office did not comply with the relevant legal procedures. He believed that the plaintiff’s claim lacked facts and law. Based on this, the plaintiff’s lawsuit was requested to be dismissed.

The defendant, a travel agency in Rizhao, argued that from July 21 to July 22, 2006, our agency received 38 guests from a travel agency in Zhenjiang, and Ms. Li was one of the guests. At noon on July 22, our agency Arranged for the plaintiff and 38 other people to dine at the Donggang Puri Hotel in Rizhao City.

The defendant, a travel agency in Zhenjiang, argued that Ms. Li participated in our agency’s trip to Rizhao City and dined at the Donggang Puri Hotel in Rizhao City at noon on July 22, 2006, causing food poisoning.

The Jingkou District Court held after hearing that: In this case, the Donggang Puri Hotel in Rizhao City due to its fault in providing substandard dishes caused food poisoning to the plaintiff, which infringed on the plaintiff's health and should bear liability for compensation. Since the hotel has been cancelled, its owner and defendant Ding Mingxi should bear the liability for compensation. The defendants, a travel agency in Rizhao and a travel agency in Zhenjiang, as units engaged in tourism business, have corresponding duties of care for the personal injuries suffered by tourists during the tour. The plaintiff's personal injuries are causally related to the behavior of the defendants, a travel agency in Rizhao and a travel agency in Zhenjiang, in organizing travel, and he should be liable for supplementary compensation. The defendant Ding Mingxi claimed that the test report of the Zhenjiang Center for Disease Control and Prevention did not comply with the relevant testing procedures, and the investigation report issued by the Zhenjiang Municipal Health Supervision Office did not comply with the relevant identification procedures. He failed to provide evidence to prove it, and this court will not support it.