I was eating in a restaurant and was injured in an accident, who should I ask for compensation?

According to Article 41 of the Tort Liability Law, if the product is defective and causes damage to others, the manufacturer shall bear the tort liability. Article 42 stipulates that if the product is defective due to the fault of the seller and causes damage to others, the seller shall bear tort liability. If the seller cannot identify the manufacturer of the defective product or the supplier of the defective product, the seller shall bear tort liability.

Article 43 stipulates that if the damage is caused by the defect of the product, the infringed party may claim compensation from the manufacturer of the product or from the seller of the product. If the product defect is caused by the producer, the seller has the right to recover from the producer after compensation. If the product is defective due to the fault of the seller, the producer has the right to recover from the seller after compensation.

If the other party is unwilling to pay compensation, you can file a civil lawsuit with the local basic court as the defendant, and the scope of compensation for compensation includes: medical expenses, lost work expenses, nutrition expenses (with medical advice), nursing expenses, hospital meal subsidies, and disability compensation if it constitutes a disability.

If you have life insurance, after the other party compensates you, you can also ask the insurance company to bear the insurance liability according to the insurance contract. It depends on how the insurance clause is agreed.

Legal Analysis: The restaurant shall bear the corresponding tort liability. You can claim from the restaurant for reasonable expenses such as medical expenses, nursing expenses, transportation expenses, etc., as well as the loss of income due to lost work.

If the disability is caused, compensation shall also be made for the cost of disability living aids and disability compensation. If the other party is suspected of being injured in an accident, if the other party bears the liability for compensation, he can first negotiate with the other party and ask the other party to compensate for medical expenses, work expenses, transportation expenses, accommodation expenses and other expenses, if the negotiation fails, the victim can sue the court and demand compensation from the other party. In the event of personal injury to a customer at the hotel, if the hotel itself causes the injury to the customer, the hotel shall be liable for compensation, and if a third party causes the injury to another person, the hotel shall determine whether to bear supplementary liability according to the customer's behavior.

The scope of compensation of the hotel shall include: medical expenses, nursing expenses during the first period, income reduced due to lost work, transportation expenses, nutrition expenses, hospital meal subsidies and other disabled persons' self-help expenses, living allowances, disability compensation, and necessary living expenses for those supported by them.

Legal basis: Article 1198 of the Civil Code of the People's Republic of China: Where managers of public places such as hotels, shopping malls, banks, stations, and entertainment venues, or organizers of mass activities, fail to fulfill their security obligations and cause harm to others, they shall bear tort liability.

The compensation process for accidental injuries sustained while eating at a restaurant is as follows:

2. Contact the person in charge of the hotel: You can get in touch with the person in charge of the hotel, explain the situation and make a claim for compensation. If the hotel has insurance, you can also file a claim with the insurance company.

3. Seek legal aid: If the hotel refuses to compensate or the amount of compensation is unreasonable, it can seek legal aid and file a lawsuit with the court.

The information to be provided for accidental injury compensation is as follows:

1. Medical certificate: including diagnosis certificate, hospital expense list, prescription note, etc. These certificates can prove the injured person's injuries and medical reputation expenses, and are an important basis for compensation.

2. Proof of economic loss: such as proof of lost work, income certificate, invoice, etc. These certificates can prove the economic loss caused by the injured person due to the injury and are an important basis for compensation.

3. Accident scene**: including accident scene**, injured parts**, etc. These ** can prove the occurrence of the accident and the injury of the injured person, and are an important basis for compensation.

To sum up, if you are injured outside the intention of eating at a restaurant, the injured person needs to keep relevant evidence in time, such as on-site **, medical certificates, hotel bills, etc., so as to provide evidence in subsequent compensation. At the same time, the injured person can file a claim with the hotel, negotiate a compensation plan, and if the negotiation fails, he can choose to sue the court.

Legal basis]:

Article 1198 of the Civil Code of the People's Republic of China.

Where managers of public places such as hotels, shopping malls, banks, stations, and entertainment venues, or organizers of mass events, fail to fulfill their obligations to ensure safety and cause harm to others, they shall bear tort liability.