A bowl of spicy hot pot with flies, what's the maximum compensation?
[2] Compiled from: Boxing County People's Court, Shandong Province
Case review
One evening in October 2020, a young man named Xu and two others were dining at a malatang restaurant, spending 27.4 yuan. During the meal, Xu unexpectedly found a fly in his food and subsequently negotiated with the restaurant to resolve the matter. The restaurant prepared a new bowl of malatang for Xu, which he took away in a takeout container. Later, Xu's request for a complimentary meal was refused by the restaurant. He then filed a lawsuit with the Boxing County People's Court against the restaurant on the grounds that it sold substandard food, demanding 1,000 yuan in compensation.
[4] Boxing County
[5] People's Court
Upon trial, it was held that food producers and operators shall strictly engage in production and operation activities in accordance with food safety management laws and regulations and corresponding food safety standards, and ensure food safety. As a food operator, the malatang restaurant was found to have a fly in the malatang it sold, which failed to meet food quality requirements. As a consumer, Xu, in addition to claiming compensation for losses, had the right to demand that the malatang restaurant pay 1,000 yuan in damages. Therefore, the court supported Xu's claim.
Relevant legal provisions
Article 148 of the Food Safety Law of the People's Republic of China
Consumers who suffer damage due to food that does not meet food safety standards may claim compensation from the operator or the producer. The producer or operator that receives a consumer's compensation claim shall implement a first-liability system, pay compensation first, and not shirk responsibility; if the producer is liable, the operator has the right to seek recourse from the producer after compensation; if the operator is liable, the producer has the right to seek recourse from the operator after compensation.
If food is produced that does not meet food safety standards, or if an operator knowingly sells food that does not meet food safety standards, consumers may, in addition to claiming compensation for losses, demand from the producer or operator a payment of ten times the price or three times the loss; if the additional compensation is less than 1,000 yuan, it shall be 1,000 yuan. However, this does not apply to defects in food labels or instructions that do not affect food safety and will not mislead consumers.
[1] The author's perspective
In this case, Xu discovered a fly in the meal provided by the restaurant. Although Xu did not submit evidence proving that the food caused personal injury, the punitive damages stipulated under the Food Safety Law do not presuppose that the consumer's personal rights and interests have been harmed. Therefore, Xu's claim requesting the malatang restaurant to pay 1,000 yuan in compensation is legally well-founded and should be supported.
The author reminds that if a customer experiences obvious physical discomfort after dining, they should seek medical attention promptly and may then claim compensatory damages from the restaurant, as well as punitive damages of up to twice the losses suffered. Compensatory damages include reasonable expenses for medical treatment, nursing care, transportation, and other costs incurred for treatment and rehabilitation, as well as lost income due to missed work; if disability results, compensation for assistive devices and disability damages should also be paid; if death results, funeral expenses and death damages should also be compensated.
Finally, food is the first necessity of the people, and safety is the top priority of food. Food safety concerns the well-being of the people and every consumer. As operators, restaurants must not only ensure customers enjoy their meals but also feel at ease.
