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Anonymous users2024-02-10Article 41] If the product is defective and causes damage to others, the manufacturer shall bear tort liability.
Article 42] 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] If damage is caused by a defect in 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.
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Anonymous users2024-02-09The company is of course responsible.
Sales Law: Article 41] Causing damage to others due to defective products.
Article 42] If the product is defective due to the fault of the seller, the producer shall have the right to recover compensation from the seller after compensation, and the seller shall bear the tort liability and may also claim compensation from the seller of the product.
Product defects are caused by the producer.
Article 43] If the damage is caused by the defective product, the manufacturer shall bear the tort liability.
If the seller cannot identify the manufacturer of the defective product or the supplier of the defective product, the infringed party may claim compensation from the producer of the product and has the right to recover compensation from the producer.
The product is defective due to the fault of the seller.
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Anonymous users2024-02-08The compensation for buying expired drinks is as follows:
1. If the merchant sells expired food, the consumer can claim ten times the compensation of the product, and if the compensation amount is less than 1,000 yuan, the compensation shall be 1,000 yuan.
2. If the general personal injury of the consumer is caused, the merchant can claim compensation for the corresponding medical expenses, nursing expenses during the first period, and the income lost due to lost work.
3. In addition to demanding compensation from the merchant, the consumer may also demand compensation from the producer or operator for ten times the price or three times the loss; Where the amount of increased compensation is less than 1,000 RMB, it is 1,000 RMB.
China clearly prohibits the production of food that does not meet the standards, so consumers can directly claim compensation from the producer or consumer when they buy expired products, and the compensation that the seller should bear is generally about ten times that of the original sales goods. Under normal circumstances, if the compensation amount does not reach 1,000 yuan, you can claim it according to 1,000 yuan. If the consumer does not receive compensation, he or she can file a complaint directly with the consumer association.
Legal basis
Food Safety Law
Article 148.
If a consumer suffers damage due to food that does not meet food safety standards, he or she may claim compensation from the operator or the producer. Producers and operators who receive consumer compensation requests shall implement a first-bear responsibility system, pay compensation first, and must not pass the buck; If it is the responsibility of the producer, the operator has the right to recover from the producer after compensation; If it is the responsibility of the operator, the producer has the right to recover from the operator after compensation.
If a consumer produces food that does not meet food safety standards or sells food that he knows does not meet food safety standards, in addition to claiming compensation for losses, he or she may also demand compensation from the producer or operator for ten times the price or three times the loss; Where the amount of increased compensation is less than 1,000 RMB, it is 1,000 RMB. However, there are exceptions to the defects on the labels and instructions of the food that do not affect food safety and will not mislead consumers.
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