How to claim for a bad stomach in a restaurant

Legal analysis: You can call 110 or the Food and Drug Administration to complain and report **12331 as soon as possible, and report to the Food and Drug Administration and the disease control department for consultation, and at the same time, keep the relevant bills and doctor's diagnosis certificates, and collect vomit or excrement if possible, as well as the leftover food eaten.

Legal basis: Food Safety Law of the People's Republic of China

Article 55: Catering service providers shall formulate and implement requirements for the control of raw materials, and shall not purchase food raw materials that do not meet food safety standards. Advocate catering service providers to disclose the processing process, publicize food raw materials and their information and other information.

Catering service providers shall inspect the food and raw materials to be processed during the processing process, and shall not process or use them if they are found to have the circumstances provided for in item 6 of Article 34 of this Law.

Article 56: Food and beverage service providers shall regularly maintain facilities and equipment for food processing, storage, and display; Regularly clean and calibrate insulation facilities, refrigeration and freezing facilities.

Food and beverage service providers shall clean and disinfect tableware and drinking utensils as required, and must not use tableware or drinking utensils that have not been cleaned and disinfected; Where catering service providers entrust the cleaning and disinfection of tableware and drinking utensils, they shall entrust a centralized disinfection service unit for tableware and drinking utensils that meets the requirements of this Law.

The tips for claiming bad stomach in restaurants are as follows:

2: Compensation is a small matter, and evidence collection is the key. Don't worry about compensation, pack the meals you have eaten separately, and then don't leave, and call the local food and drug department to complain**12331, telling them which restaurant they have eaten badly.

If you don't just ask for compensation, people should say that you didn't eat at my place, you have enteritis. Compensation is a small matter, and evidence collection is the key.

The steps to hold the restaurant accountable for eating a bad stomach in the restaurant are as follows:

1. What you eat in the restaurant should be sampled immediately and declared to the health and epidemic prevention department for testing.

2. Those who accompany the diners all feel the same way, and they also need to go to the health and epidemic prevention department for the record.

3. The shorter the sampling time and the meal time, the better, the stronger the authenticity and more convincing.

4. The samples taken should not be used in containers such as materials and cartons, so as to prevent the samples from deteriorating and leaking during storage and transportation, and reducing the efficiency of proof, glass or metal containers should be used.

5. Do not contact the high temperature of the collected specimens to prevent deterioration.

Legal analysis: You can claim compensation for a bad stomach in a restaurant, and you can demand compensation from the producer or operator for ten times the price or three times the loss.

Legal basis: Article 148 of the Food Safety Law of the People's Republic of China: 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.

Summary. Once there is physical discomfort, such as nausea and diarrhea, immediately complain to the Market Supervision and Administration Bureau to explain the situation, and after receiving the complaint, it will go to the scene to investigate and take professional means to obtain relevant evidence to fix it, and then you can claim compensation from the merchant, whether it is a private negotiation or litigation settlement. Relevant laws stipulate that if the production of food that does not meet food safety standards or the operation of food that is known to be non-food safety standards, consumers shall demand compensation for losses in addition to compensation.

It 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.

How to claim a bad stomach in a restaurant?

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Once there is physical discomfort, such as nausea and diarrhea, immediately complain to the Market Supervision and Administration Bureau to explain the situation, and after receiving the complaint, it will go to the scene to investigate and take professional means to obtain relevant evidence to fix it, and then you can claim compensation from the merchant, whether it is a private negotiation or litigation settlement. Relevant laws stipulate that if the production of food that does not meet food safety standards or the operation of food that is known to be non-food safety standards, consumers shall demand compensation for losses in addition to compensation. It 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.

Please keep the evidence of purchasing catering services, such as **APP purchase records, catering invoices, receipts, and all medical information, which can prove two facts, one is that you have indeed purchased catering services from the merchant, and the other is that you have become unwell soon after enjoying the catering services. What remains to be proved is that there is a causal relationship between these two facts.

The compensation plan for a bad stomach in the restaurant is:

1. You can apply for compensation, and you can get up to 10 times the compensation paid;

2. In addition to receiving ten times the compensation, you can also apply to the competent department for administrative treatment, and you can be fined 20,000 yuan according to law;

3. When customers encounter foreign bodies such as hair and mosquitoes in the food, it is a food quality problem. According to the relevant regulations, the hotel operator shall exchange or return the goods for the consumer according to the request of the consumer, but the specific problem can be resolved through negotiation;

4. At the same time, consumers should keep food samples and dining certificates, and promptly complain to the Consumer Association, industry and commerce, and health departments to the health supervision department. so that the relevant departments can inspect and punish the hotels that have problems;

5. If there is an adverse reaction after eating, the hospital needs to prove it, and the hotel will be responsible for medicine and other related expenses.

Legal basisArticle 85 of the Food Safety Law of the People's Republic of China.

Food inspections are carried out independently by inspectors appointed by the food inspection agency.

The inspector shall inspect the food in accordance with the provisions of relevant laws and regulations, and in accordance with food safety standards and inspection specifications, respect science, abide by professional ethics, ensure that the inspection data and conclusions issued are objective and fair, and shall not issue false inspection reports.

Article 86.

Food inspection implements the responsibility system of food inspection institutions and inspectors. The food inspection report shall be stamped with the official seal of the food inspection institution and shall be signed or sealed by the inspector. Food inspection institutions and inspectors are responsible for the food inspection reports issued.