20 15 compensation for food poisoning during tourism in tourism law

The People's Court of Jingkou District, Zhenjiang City, Jiangsu Province recently pronounced a dispute over compensation for personal injury caused by food poisoning during tourists' travel. The court ruled in the first instance that Ming Ding, the owner of Puri Hotel in Donggang, Rizhao City, Shandong Province, was willing to compensate Ms. Li for her economic loss of 2,987.32 yuan within ten days after this judgment came into effect. At the same time, a travel agency in Rizhao City, Shandong Province and a travel agency in Zhenjiang, Jiangsu Province were ordered to assume supplementary responsibilities for the above debts.

On July 2 1 and July 22, 2006, Ms. Li signed up for a travel agency in Rizhao and a travel agency in Zhenjiang to organize a trip to Rizhao, Shandong. During the tour, the accommodation of tourists is arranged by a travel agency in Rizhao. At noon on July 22nd, 2006 12, Ms. Li and other tourists were arranged by a travel agency in Rizhao to have a group meal at Puri Hotel in Rizhao. The recipes at that time included squid and cowpea.

After lunch, Ms. Li returned to town by bus with the group. On the way, she and other tourists got sick one after another. Symptoms are abdominal pain, diarrhea, vomiting and fever. Due to her serious illness, Ms. Li went to Zhenjiang First People's Hospital for emergency treatment and was diagnosed as acute gastroenteritis. By the afternoon of July 24th of the same year, 20 tourists had symptoms, and 17 went to the hospital. The plaintiff and other 20 people were diagnosed by Zhenjiang Municipal Center for Disease Control and investigated by Zhenjiang Municipal Health Supervision Office as food poisoning accidents caused by Vibrio parahaemolyticus polluting food. According to the pathogenic characteristics of Vibrio parahaemolyticus and the clinical characteristics of the incubation period of the disease, the Chinese food on July 22, 2006 was the main cause of the food poisoning.

Because the food provided by Ding Mingxi's Rizhao Puri Hotel was unsanitary, a travel agency in Rizhao and a travel agency in Zhenjiang failed to pay attention to it and stop it, which led to Ms. Li's food poisoning. Therefore, Ms. Li sued the hotel and travel agency for public apology, and compensated the inspection fee of 3,200 yuan, medical expenses 1.635 yuan, lost time 1.60 yuan, hospital food allowance 1.60 yuan, nursing expenses 1.60 yuan, nutrition expenses of 5,387.32 yuan, and mental damages.

After the court accepted the case, it held a public hearing on June 8, 2006+065438+1October 8+February 2, 2006.

The original Puri Hotel Rizhao Donggang has gone through the cancellation of registration in the industrial and commercial department on June 29th, 2006. Defendant Ding Mingxi, former owner of Puri Hotel in Donggang, Rizhao City, was an individual industrial and commercial household. Defendant Ding Mingxi argued that we could not confirm that the plaintiff had dined in our hotel, that the test report issued by Zhenjiang Municipal Center for Disease Control and Prevention and the investigation report made by Zhenjiang Municipal Health Supervision did not conform to the relevant legal procedures, and that the plaintiff's claim lacked factual and legal basis, and requested to dismiss the plaintiff's claim.

The defendant, a travel agency in Rizhao, argued that from July 2, 2006 to July 22, 2006, our agency received 38 guests from a travel agency in Zhenjiang, and Ms. Li was one of them. At noon on July 22nd, our agency arranged for 38 people, including the plaintiff, to have a dinner at Puri Hotel in Donggang, Rizhao City.

The defendant, a travel agency in Zhenjiang, argued that Ms. Li took part in our tour to Rizhao at noon on July 22, 2006 and ate at Puri Hotel in Donggang, Rizhao, causing food poisoning.

After trial, the Jingkou District Court held that the plaintiff's food poisoning was caused by the wrong provision of unqualified dishes by Puri Hotel in Donggang, Rizhao City, Central Plains, which infringed on the plaintiff's health and should be liable for compensation. As the hotel has been cancelled, the defendant Ding Mingxi, as the owner, should be liable for compensation. The defendant, a travel agency in Rizhao and a travel agency in Zhenjiang, as units engaged in tourism business, have corresponding duty of care for the personal injuries suffered by tourists in the process of tourism. The plaintiff's personal injury is related to the behavior of a travel agency in Rizhao and a travel agency in Zhenjiang, and should bear supplementary liability for compensation. Defendant Ding Mingxi claimed that the test report of Zhenjiang Municipal Center for Disease Control and Prevention did not conform to the relevant testing procedures, and the investigation report issued by Zhenjiang Municipal Health Supervision Office did not conform to the relevant identification procedures, which could not be proved by evidence, and our hospital did not support it.