How to make a claim for food poisoning when a consumer eats at mealtimes?

If you get food poisoning during a meal, you must keep the evidence to claim compensation from the merchant at this time, and if the merchant refuses to pay, we can also take legal routes. Often eat at home, it is inevitable to think about eating out, but when dining, we should also try to choose a restaurant with guaranteed hygiene and quality, never go to those restaurants that do not have any guarantees, if there is a problem, it is also very difficult to solve, have you ever had food poisoning when eating out? How do you think consumers should claim for food poisoning when they eat?

One. If you have food poisoning when eating out, be sure to make a claim to the merchant.

If you feel unwell suddenly when eating, or feel unwell after eating, you must pay attention to it, it may be the phenomenon of food poisoning, if you find that you have food poisoning, then you must claim compensation from the merchant in time. The amount of the claim can be determined depending on the degree of intoxication. <>

Two. Keep food evidence in case the trader denies it.

After finding out that you have food poisoning, you should keep the food you have eaten, leaving evidence is the key, otherwise there is no proof of death, and the merchant does not admit what you should do at this time, so you must keep the evidence, and then claim the amount according to the degree of your poisoning, if the merchant happily agrees to solve the problem, if the merchant does not want to pay, we can also take legal means to solve the problem, as long as it is determined that it is because of the food problem that is poisoned, then the merchant must pay. <>

Three. If you have food poisoning, be sure to seek medical attention promptly.

Don't forget to seek medical attention while making a claim, if it is a slight food poisoning, there may only be some discomfort in the body, but if the poisoning degree is particularly acidic, it will also affect our life safety, so the compensation is actually secondary, our health and safety is the most important, and food poisoning should be sent to the hospital for treatment as soon as possible. <>

You need to make a claim according to your physical condition, such as your own medical expenses, mental damages, nutrition expenses, and lost work expenses, as well as your future medical expenses.

If a consumer has food poisoning during a meal, he or she can report it to the consumer association or file an appeal with the court.

I think you should look for the appropriate evidence, and once you have the evidence, you can claim against the other party.

Legal analysis: different compensation according to different circumstances: if only one or two people have food poisoning in several people who eat together, and there is no problem with the quality of the food, then the claim will be treated as a disease; When food poisoning meets the conditions for critical illness compensation, the insurance company will treat it as a critical illness; Several people who dine together have food poisoning, and there is evidence that there is a problem with the quality of the food, and the insurance company can treat it as an accidental injury when making a claim.

Legal basis: Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases

Article 1: Where life, body, or health are infringed upon, and the person with the right to compensation sues to request compensation for material or moral damages, the People's Court shall accept it.

"Compensation obligor" as used in this article refers to natural persons, legal persons, or unincorporated organizations that shall bear civil liability in accordance with law for their own or others' tortious acts or other causes of harm.

Article 2: Where the compensation rights holder sues some of the joint infringers, the people's court shall add the other joint infringers as co-defendants. Where the person entitled to compensation waives its claims against some of the joint infringers in the litigation, the other joint infringers shall not be jointly and severally liable for the share of compensation that the defendant whose claims have been abandoned. Where the scope of liability is difficult to determine, it is presumed that the joint tortfeasors bear equal liability.

The people's court shall inform the person entitled to compensation of the legal consequences of the waiver of the litigation claim, and explain the circumstances of the waiver of the litigation claim in the legal documents.

Article 6 Medical expenses shall be determined on the basis of the receipts of medical expenses, hospitalization fees, etc., issued by medical institutions, combined with relevant evidence such as medical records and diagnosis certificates. If the person obligated to indemnify has objections to the necessity and reasonableness of **, it shall bear the corresponding burden of proof.

The amount of compensation for medical expenses shall be determined on the basis of the amount actually incurred before the conclusion of the debate in the court of first instance. The compensation rights holder may file a separate lawsuit for the necessary expenses for organ function recovery training, appropriate cosmetic surgery fees, and other follow-up expenses. However, if the expenses that are determined to be incurred on the basis of the medical certificate or appraisal conclusion, they may be compensated together with the medical expenses already incurred.

For food poisoning, the hotel should compensate for reasonable expenses and compensation such as medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses.

Article 17 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases provides:

If the victim suffers personal injury, the compensation obligor shall compensate for all expenses incurred due to medical treatment** and the loss of income due to lost work, including medical expenses for repatriation, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary maintenance expenses.

If the victim is disabled due to injury, the necessary expenses incurred by the victim due to the increase in living needs and the loss of income due to the loss of working capacity, including disability compensation, disability assistive devices, and living expenses of dependents.

As well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to **care and continuation**, the compensation obligor shall also compensate.

Where the victim dies, the compensation obligor shall, in addition to compensating the relevant expenses provided for in the first paragraph of this article on the basis of the circumstances of the rescue, also compensate for the funeral expenses, the living expenses of the dependents, the death compensation expenses, and other reasonable expenses such as transportation expenses, lodging expenses, and lost work expenses incurred by the victim's relatives in handling funeral matters.