Urgent!!! Is the hotel liable for alcohol poisoning in a hotel?

Judging from the situation you introduced, I personally believe that the hotel should not be held liable for compensation. Here's why:

1. The hotel is not at fault. The first hotel sells wine produced by regular manufacturers, not fake wine, so there is no problem with the sales of the product. Second, from the situation you introduced, the hotel has no flaws in the service.

Thirdly, the hotel has fulfilled its duty of good faith advice. Fourth, you can't see that there are other aspects of the hotel's fault. Therefore, the hotel cannot be considered to be at fault, and therefore the hotel cannot be held liable for compensation.

In this case, the premise of the liability confirmed by Chinese law is that the hotel is required to be at fault, and this premise does not exist in this case.

Second, it is recommended to sue those friends who persuade alcohol, or you can get part of the compensation. For the specific reasons for prosecution, it is recommended to find a professional lawyer to study.

A few points: 1 The hotel has the obligation to protect the life and health of customers However, if the guest is drunk, it can be said that the hotel has not been obliged to inform, or it has not foreseen the danger that will occur in time, but on the other hand, the customer's own alcoholism is indeed difficult for the hotel to interfere

2 Whether you are in the lobby or in the private room, whether the hotel service staff has seen you drinking alcohol during the period Whether there is a certificate determines whether someone will come to inform you and judge whether the hotel is obliged to inform

3 The hotel pays some, and those who persuade alcohol have to pay, and they are also responsible for the hotel is not a fake bar?!

4 Failure to foresee possible dangers caused your friend to fall into a coma Fault Your friend is a person with full capacity for civil conduct, and he should also think about the possible consequences, but he is still poisoned by alcohol, so he is also responsible

If you have any questions, you can still ask, and everyone will help you analyze them!

The hotel should not be responsible, because the guest was not drunk in the store, so it is difficult to say that the hotel owes any duty of care to him. In the same way, it is very difficult for other friends to determine responsibility, after all, they only fell into a coma after returning home, and the determination of responsibility may start with the degree of coercion of the persuasion. The greatest responsibility is, of course, the drunken themselves.

Judging from the supplementary content, the hotel's obligations have been fulfilled, and there is no responsibility. The fault lies with the drinkers themselves.

If the offense is caused by the quality of the wine, the hotel is liable for compensation, and the hotel itself can claim compensation from the seller of the wine.

If you don't bother, you can also claim compensation from the manufacturer according to the production address on the bottle.

In short, only one claim can be found among the hotel and the manufacturer, the seller.

If it's your own reasons, then you might as well pay for it yourself.

If it is caused by counterfeit liquor purchased at a restaurant, the hotel will be responsible. If it's because of an overdose, it shouldn't have anything to do with the hotel, and it's not the hotel people who forced you to drink.

According to Chinese law: there is part of the responsibility!

Advice: Don't be greedy for alcohol, hurt your mind and hurt your body!

It's a matter of wine. You're all right. If it's real sake, it should be explained that you will be poisoned if you drink it. If it's fake, you're in trouble. So hurry up and see if it's real wine or fake wine.

Don't do bad things, don't be afraid of ghosts knocking on the door. What's the panic?

Chinese law stipulates that the hotel is partially liable.

The upstairs one is very good.

Everybody is a person who understands the law, and I don't know very much.

But I don't think it's necessary.

And no one is forcing you to drink in your own glass.

Who's to blame?

According to article 6 of the "Supreme People's Court's Interpretation on Several Issues Concerning the Trial of Personal Injury Compensation Cases", where natural persons, legal persons, or other organizations engaged in business activities such as lodging, catering, entertainment, or other social activities fail to fulfill their obligations to ensure safety within reasonable limits, causing others to suffer personal injury, and the person entitled to compensation requests that they bear the corresponding liability for compensation, the people's court shall support it.

Ensuring that food is non-toxic is the most basic safety and security obligation of the hotel, and the resulting harm to customers must be compensated, of course, there is nothing to say.

Legal analysis: The restaurant causes food poisoning, and is punishable by fixed-term imprisonment of not more than three years or criminal detention. According to the relevant laws and regulations, anyone who produces or sells food that does not meet food safety standards and is sufficient to cause serious food poisoning accidents or other serious foodborne diseases shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention and shall also be fined; Where the stubble causes serious harm to human health or there are other serious circumstances, a sentence of between three and seven years imprisonment and a concurrent fine is to be given; where the consequences are especially serious, a sentence of 7 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property.

Legal basis: Article 143 of the Criminal Law of the People's Republic of China [Crime of Producing or Selling Liquid Reputation Food That Does Not Meet Safety Standards] Whoever produces or sells food that does not meet food safety standards and is sufficient to cause serious food poisoning accidents or other serious foodborne diseases in the Hongduan section shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention and shall also be fined; where serious harm is caused to human health or there are other serious circumstances, a sentence of between three and seven years imprisonment and a concurrent fine is to be given; where the consequences are especially serious, a sentence of 7 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property.

Legal Analysis: Anyone who produces or sells food that does not meet food safety standards and is sufficient to cause serious food poisoning accidents or other serious foodborne diseases shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention and shall also be fined; where serious harm is caused to human health or there are other serious circumstances, a sentence of between three and seven years imprisonment and a concurrent fine is to be given; where the consequences are especially serious, a sentence of 7 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property.

Legal basis: Article 143 of the Criminal Law of the People's Republic of China Anyone who produces or sells food that does not meet food safety standards and is sufficient to cause serious food poisoning accidents or other serious foodborne diseases shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention and shall also be fined; where serious harm is caused to human health or there are other serious circumstances, a sentence of between three and seven years imprisonment and a concurrent fine is to be given; where the consequences are especially serious, a sentence of 7 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property.

Legal analysis: If the restaurant causes food poisoning, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. According to the relevant laws and regulations, anyone who produces or sells food that does not meet food safety standards and is sufficient to cause serious food poisoning accidents or other serious foodborne diseases shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention and shall also be fined; where serious harm is caused to human health or there are other serious circumstances, a sentence of between three and seven years imprisonment and a concurrent fine is to be given; where the consequences are especially serious, a sentence of 7 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property.

Legal basis: Criminal Law of the People's Republic of China

Article 143: [Crime of Producing or Selling Food That Does Not Meet Safety Standards] Whoever produces or sells food that does not meet food safety standards, which is sufficient to cause serious food poisoning accidents or other serious foodborne diseases, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention and shall also be fined; where serious harm is caused to human health or there are other serious circumstances, a sentence of between three and seven years imprisonment and a concurrent fine is to be given; where the consequences are especially serious, a sentence of 7 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property.

Summary. Article 143 of the Criminal Law Whoever produces or sells food that does not meet food safety standards and is sufficient to cause serious food poisoning accidents or other serious foodborne diseases shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention and shall also be fined; where serious harm is caused to human health or there are other serious circumstances, a sentence of between three and seven years imprisonment and a concurrent fine is to be given; where the consequences are especially serious, a sentence of 7 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property.

The first aid measures for food poisoning are as follows: patients who become ill within one hour of eating unclean food can induce vomiting and detoxification: drink water first and then pick the throat with your fingers to cause yourself to vomit and expel stomach contents, and so on; Oral berberine 2-5 tablets or haloperic acid 1-2 tablets, 3 times a day; Patients with abdominal pain can take 1-2 belladonna tablets; Avoid indigestible foods and drink plenty of water, preferably sugar and salt water.

If your symptoms are severe, you should call 120 promptly.

The above is how to punish customers for food poisoning caused by hotel food introduced by Baibai Safety Network. I hope that the introduction brought to you by Baibai Safety Network today will be helpful to you.

What is the nature of the fines imposed on hotels for food poisoning.

Article 143 of the Criminal Law Whoever produces or sells food that does not meet food safety standards and is sufficient to cause a serious food poisoning accident or other serious foodborne illness shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention and shall also be fined; where serious harm is caused to human health or there are other serious circumstances, a sentence of between three and seven years imprisonment and a concurrent fine is to be given; where the consequences are especially serious, a sentence of 7 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property. First aid for food poisoning is as follows: Patients who become ill within one hour of eating unclean food can induce vomiting and detoxification

Drink water first and then pick your throat with your fingers to cause yourself to vomit and expel stomach contents, and so on. Oral berberine 2-5 tablets or haloperic acid 1-2 tablets, 3 times a day; Patients with abdominal pain can take 1-2 belladonna tablets; Avoid indigestible foods and drink plenty of water, preferably sugar and salt water. If your symptoms are severe, you should call 120 promptly. The above is how to punish customers for food poisoning caused by hotel food.

The introduction brought to you by the Greek Huaiyun Wangbaibai Safety Network today is helpful to you.

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What is the nature of the fine?

The crime of endangering public safety by dangerous means.