Recently, the Market Supervision Office of Zhongshan Road, Shinan District, Qingdao City, received a complaint from a tourist who was burned at a hot pot restaurant. Under the active coordination of market supervisors, the party was compensated 800 yuan, and reviewed the incident together.
The complainant, Mr. Zhu, brought his family and children to travel to Qingdao from a foreign country. On the evening of December 28, when Mr. Zhu's family ate at a hot pot restaurant in Zhongshan Road, the table was unstable, the hot pot collapsed, and the hot soup caused him to be burned ... ...
Mr. Zhu demanded compensation from the shop owner,
Each side held its own word.
Staff of Zhongshan Road Market Supervision Office
First contacted Mr. Zhu.
According to Mr. Zhu:
Their family of three was from Anhui. They took their children to Qingdao for a holiday during the New Year's Day. The whole family came to dinner at the hot pot restaurant that evening. They did not expect that they would be burned, which affected their vacation plans. 12345 filed a complaint. The staff asked if the child had been burned. Mr. Zhu claimed that he had burned his hands and did not go to the hospital at that time. He just bought some scalding cream and applied it for treatment. From the burn pictures he provided, there were obvious red and swollen marks on his hands. Now Mr. Zhu's family has left Qingdao and returned to his hometown.
The staff member informed the person in charge of the hot pot restaurant that the shop owner said that Mr. Zhu was also at fault if he was scalded. It was not entirely caused by the instability of the shop's table. The reason was that Mr. Zhu's child naughtily kicked the dining table while eating, which Mr. Zhu was burned by the hot pot splashing.
Mr. Wang, the person in charge of the hot pot restaurant, provided surveillance video in the store, which proved that the store was not at fault.
After the staff understood the situation of both parties,
Decided to organize mediation between the two parties.
Staff point out
According to Article 11 of the Consumer Rights Protection Law, consumers who have suffered personal or property damage as a result of purchasing or using goods or receiving services shall enjoy the right to compensation in accordance with law. According to the provisions of Article 18, the operator shall ensure that the goods or services it provides meet the requirements for protecting personal and property safety. For goods and services that may endanger the safety of people and property, consumers should be given true explanations and clear warnings, and the methods of using goods or receiving services correctly and the methods of preventing harm from occurring shall be explained and marked. The operators of hotels, shopping malls, restaurants, banks, airports, stations, ports, cinemas and other operating places shall fulfill their obligations to consumers for safety. The store did not provide a warning sign at an obvious location, and there was some fault. The shop owner acknowledged his responsibility, but failed to fulfill his supervisor's obligations and failed to take care of the child. This caused the table to be kicked over, and he should also assume certain responsibilities. He should pay 2,000 yuan to the other party for compensation for medical expenses and lost-work expenses. Disagree with the request. The two parties disputed the amount of compensation. The store insisted on compensation of up to 500 yuan, and Mr. Zhu insisted on compensating 2,000 yuan. The staff of the Zhongshan Road Market Supervision Office repeatedly tried to mediate the two parties without success, and in the case of failure to reach an agreement, it is recommended that Mr. Zhu conduct a civil compensation lawsuit to defend his rights. After repeated efforts of the staff, in the end the two sides still took a step back and reached an agreement. The person in charge of the shop agreed to compensate Mr. Zhu for 800 yuan and apologized to Mr. Zhu. At the same time, thanks to Mr. Zhu for suggesting to strengthen the table, all the tables in the store are being strengthened. Mr. Zhu was also moved by the sincere attitude of the merchants. He no longer insisted on the original demands, and the two sides shook hands and made peace.
Through this case of consumers getting scalded while eating at a hot pot restaurant, tell everyone that the store operator, as an operator, should bear certain compensation liability if it does not do its duty to protect consumers within reasonable limits. However, in this case, the child kicked the table and the guardian neglected to supervise the child, which caused him to burn himself. Therefore, in restaurants, shopping malls, hotels, and other operating places, consumers are protected by property and personal safety. The main responsibility for accidents is often that the operator has not fulfilled his obligation of safety and security, and there are no safety warning signs, so businesses must continue to improve their services. Quality, formulate corresponding emergency plans, and fulfill security obligations. At the same time, consumers should also fulfill their duty of care and improve safety protection measures. If they are harmed, they must retain necessary evidence to protect their legitimate rights and interests to the greatest extent.
Editor-in-chief: Liu Yanfeng