Recently, in Suzhou, Jiangsu, a woman named Duo asked KFC for a glass of water because of her thirst. After drinking it, she found that it was disinfected water. After drinking, Xiao Du developed severe discomfort in his throat and stomach, and was diagnosed with acute erosive gastritis and stomach cramps by the doctor. After the KFC restaurant had undertaken the 1,500 yuan treatment fee, it said it was only willing to pay another 1,000 yuan, and at the same time asked Xiao Du to sign a confidentiality agreement. After the law enforcement agencies intervened in the investigation, KFC stated that it would compensate Xiao Du with 15,000 yuan for lost work compensation on the basis of being optimistic about the disease.

KFC assumes tort liability and the amount of compensation is unreasonable. Article 1165 of the “Civil Code” stipulates: “The perpetrator shall bear the tort liability for infringement of the civil rights and interests of others due to his fault.” When KFC provided services to the girl Xiaodu, it did not fulfill its duty of care and would contain disinfection. The cup of water was handed to Xiao Du, causing Xiao Du’s body damage (erosive gastritis and stomach cramps) to be hospitalized. According to the above regulations, KFC shall be liable for Xiao Du. “The Supreme People’s Court’s Interpretation on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases” stipulates: “The victim suffered personal injury, all expenses due to medical treatment and the income reduced due to missed work, including medical Compensation obligors should compensate for expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital food subsidies, and necessary nutrition expenses. [1] When everyone talks about KFC’s compensation, they all quote the United States “McDonald’s coffee burns the elderly.” “The case of compensation of 680,000 US dollars by the Taipa”, I want to compare the large gap in the amount of compensation in the infringement lawsuits filed by consumers between the two countries. However, the specific details of the two cases are different and cannot be directly compared. The case of coffee burns the old woman, there is a case in it. Product design defects. Before the old lady was injured and sued, more than 700 similar cases had occurred, but McDonald’s never consulted experts to improve the design of hot drink paper cups for burns, and did not reduce the temperature of overheating. This case is from the product liability. From a perspective, it was pointed out that McDonald’s did not meet the warning requirements and design requirements, and did not clearly inform consumers of the danger of burns; it did not improve the design of hot drink products. In this case, the main reason for this case is that the staff mistakenly caused the disinfection water to be given to the girl. It is guessed that KFC initially compensated one thousand on its own. The primary consideration is Article 148 of the Food Safety Law: Consumers who are damaged due to food that does not meet the food safety standards can claim compensation from the operator or the producer for the loss. Received Producers and operators claiming consumer compensation shall implement the first responsibility system, pay in advance without prevarication; if it is the responsibility of the producer, the operator shall have the right to recover the compensation from the producer after the compensation; if it is the liability of the operator, the producer shall have the right to recover the compensation after the compensation. The right to recover from the business operator. For the production of food that does not meet the food safety standards or the business of the food that knows it does not meet the food safety standards, in addition to claiming compensation for losses, consumers can also demand payment of ten times the price or three losses from the producer or business operator. Times the compensation; if the amount of compensation is less than one thousand yuan, it is one thousand yuan. However, the food labels and instructions have defects that do not affect food safety and will not mislead consumers. This is only for consumption. One of the basis of the claim that a person can use is that the girl in this case can sue KFC for compensation for medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, etc. through the proof-related losses in Article 6 of the Tort Liability Law mentioned above. Hospital food subsidies and necessary nutrition. Regarding the reasonable amount of compensation, refer to a case where an employee of a barbecue restaurant in Qingyang City, Gansu Province mistakenly handed an unwashed water cup (containing disinfectant) to the plaintiff to drink water, causing The plaintiff was unwell. The court finally awarded a compensation of 23,000 yuan. (2020) Gan 1002, Minchu No. 521, one cup is water from an unwashed cup, and one cup is ice water covered with ice cubes with disinfectant water. In addition, the case occurred in Suzhou, Jiangsu Province. City, although the lady in this case did not incur hospitalization expenses, but to compare the differences in medical expenses, lost work expenses, and necessary nutrition expenses between the two places, KFC signed a confidentiality agreement with consumers in order to maintain its corporate image. With the intervention of law enforcement agencies, The medical expenses and sealing fee (1000 yuan) are chased up on the basis Adding 15,000 yuan for lost work expenses to reach a settlement agreement with consumers, does it feel inappropriate? Looking at other answers, there is a comment that KFC provides consumers with this glass of water for free. This glass of water has a safety problem, and the compensation will naturally be less than the compensation for the safety problem caused by the amount of money consumed to buy food. It should be pointed out that this view is wrong. Catering institutions need to ensure the safety of the food provided, and shall not defend themselves on the grounds that the food is provided free of charge. In the same way, if the food provided by the carrier to passengers is consumed for free on public transportation, and there is a health problem, the food provider can also be held accountable. Shopping malls sell impending food at low prices. Consumers can also be held accountable if there is a problem with impending food, and the mall cannot argue for low-priced sales.

zhiwo

By zhiwo

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helpmekim
6 months ago

First of all, the “mishandling” you said should be a negligent act, that is, because a KFC employee mistakenly used disinfectant as a drink for the girl. Second, about erosive gastritis and gastric contracture. If they are held accountable, the key is to see whether the injuries they suffered are minor or serious injuries. This is determined by the forensic “Injury Identification Conclusion”. According to Chinese law, minor injuries caused by negligence do not constitute a crime, and if minor injuries caused by negligence, then it is not a criminal case. Civil compensation can be claimed. “Interpretation of the Supreme People’s Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases.” Expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital food subsidies, and necessary nutrition expenses must be compensated if clearly stipulated by the law. KFC stores and responsible employees are the obligors of compensation and should be compensated in civil cases. If it is identified by a qualified forensic medical appraisal department, the consequence of this girl is serious injury. The employee who made a mistake at the KFC store constituted a crime. The public, procuratorate and judicial organs must hold him criminally responsible.

heloword
6 months ago

This is not a matter of money, but a matter of operation. What kind of mistake would treat disinfectant water as water to customers? Shouldn’t the hot water come directly from the water dispenser? Think carefully about the reasons for this error. How does disinfectant appear in the dining area? If there are other mistakes, I think it is excusable that others did not deliberately, under reasonable circumstances. But how can things that are not related to disinfection water and drinking water make mistakes? What is the disinfectant that appears in the food area? The aunt who sweeps the floor often takes a mineral water bottle to fill with unknown liquid, or it may be placed directly on the sink or the like. But drinking water is poured out of the machine, where is the wrong operation?

helpyme
6 months ago

The post-90s/long-term stomach disease/legal person is here. One of the functions of tort liability is compensation for damages, but in fact, the damages caused by stomach problems cannot be compensated for as much as compensation. Only patients with stomach problems can empathize with the pains of the body: when eating hot pot, they are only stubborn, not daring to drink water at room temperature at all, playing dead at the entertainment table for many years, not drinking carbonated drinks for two years, saying goodbye to ice cream and cold drinks, and telling the truth, I have forgotten how long. How much do you say can buy a healthy stomach?

sina156
6 months ago

This kind of thing is right to be exposed by the TV station. At the same time, reporters from the TV station can apply for legal aid together. Suzhou currently has public welfare legal aid. If the appraisal is indeed KFC behavior, you can apply for medical appraisal and then sue. If the evidence is conclusive, requesting continuous follow-up by the TV station will help migrants defend their rights locally. Treating disinfectant water as drinking water is a negligent act, and it is very likely to involve criminal offences. At the same time, it also reflects that there are serious loopholes in the food safety of KFC restaurants, and the relevant departments can be requested to intervene in the investigation.

yahoo898
6 months ago

I used to work part-time at KFC. At that time, employees could drink water and just take a paper cup to the faucet to pick it up. They are treated and can be drunk directly. Or just drink carbonated soda water. Drinks are not allowed, but soda water can be drunk casually. Usually we will add some ice cubes in it. Sometimes they will sneak in some uncolored beverages to pretend to be soda. As long as the manager can’t see it, it is impossible for him to come over to smell or taste. Having said so much, what I want to express is that the strange thing about this incident is that KFC used to have no equipment for drinking water for employees. Some employees also bring their own drinking glasses, but they all prepare them themselves. With that faucet, you can drink water or wash your hands. So why do customers drink disinfectant water? It is impossible for employees to give their own water cups to customers. They usually bring a paper cup with soda water or treated tap water to customers. How can they give customers a glass of water at random? Because I worked part-time a long time ago, I also want to ask if any friends who have worked there recently, are there any changes in drinking water over there that would cause this to happen?

leexin
6 months ago

In fact, when KFC employees first handed the girl water, they didn’t know that there would be such a mistake and cause such great harm to the girl, but this treatment method is really excessive. First of all, you have to accompany others in the hospital to see what has been caused. For such consequences or sequelae, you have to negotiate the compensation based on the injuries suffered by others, including other people’s spiritual pain. If you are a good person, you can’t eat, you may have to face uncomfortable things from time to time. , How much money can you buy for a healthy body? You can only pay another 1500 and sign a non-disclosure agreement. What can 1500 do? Sign the agreement? Put your own interests first and ignore the feelings and life of others. In this way, even if you didn’t intend it at the beginning, this way of handling is difficult to understand. The more you want to reduce the negative impact, the more you will be. It should be handled actively, with a very good attitude, soothe the injured person, and minimize her suffering, so this is really recommended to prosecute, otherwise they will deal with things like this attitude, and they will be tortured by future sequelae. I won’t ignore you, miss the best opportunity to lose the compensation you deserve.

greatword
6 months ago

Can only say that this KFC deserves it! KFC has a whole set of training. Even if the scavengers come to ask for water, if this happens, the store manager on duty will take the initiative to bear all medical expenses + comfort the emotions, because the suspected criminal liability is a major accident! The kind that affects the brand image and must be reported immediately. This store’s handling method is not KFC, my instinct tells me it should be a franchise store. According to the clues in the video (March 29, Suzhou Wujiang Bus Terminal) query: Go to the Pay Bar app to check KFC outlets in Wujiang area of ​​Suzhou (stores that support the use of vouchers), but you can’t find this “Wujiang Station” shop”. The franchise store confirms that this is good, the store manager not only has to compensate the victim (the Market Supervision Administration presides over the mediation, 15,000 yuan), but also bears the claim from KFC. The elimination of black-hearted businessmen is something the people like to hear! Celebrate! Update: The answer is not here to wash the floor, but as a chicken roll lover to complain about the chaos of the franchise store. After all, Grandpa Ken’s logo on the map is there. Since Yum! has decided to license the brand, it must be aware of the consequences. This is the answer to the main trumpet. The sudden rise of this answer is purely accidental (Zhihu’s algorithm has always been fascinating), and you don’t have to pay attention to me, nothing is expected~

loveyou
6 months ago

This is obviously the branch’s attempt to calm things down without the head office or even the Chinese agent intervening. The little girl still has too little social experience. In this case, she should take pictures, keep samples, record and record videos at the first time, and she shouldn’t just walk away. This is due to the store manager’s follow-up chat leaving evidence, otherwise people bite back, and they don’t even have any favorable evidence. At the same time, I think this compensation amount really is. In this case, the body will leave hidden dangers. The store manager wanted to settle for 1,000 yuan, which is really a joke. Even if the labor department intervenes, I think 15,000 is not enough to compensate for the girl’s psychological and physical damage. In this case, as a brand, whether it is KFC headquarters or a Chinese agent, you should and must stand up and give this girl the due compensation, because you trust your brand, people come in to eat, and you get the brand premium. Profits, of course, should be responsible for consumers. Our labor and consumption department should also reflect on how to better protect the interests of the people in this situation, instead of making major issues smaller and calming people down.

strongman
6 months ago

If the incident does not involve KFC, it will probably not be on the hot search. If it were not for the intervention of law enforcement agencies, Xiao Du, who drank the disinfectant, was still on the way to defend his rights. Even if such a food safety incident is exposed, the business of this KFC store is estimated to be the same as before. Even if it is an understandable unintentional mistake, KFC’s handling of this store is difficult to understand. It is impossible for people not to make mistakes, and it is possible to make mistakes when doing things. In order to make mistakes as little as possible, people have formulated processes and specifications to control the process to ensure the correct output of results. But even so, mistakes are still unavoidable in doing things, just as errors cannot be avoided in scientific experiments. Since mistakes are unavoidable, there must be a set of related procedures on how to deal with work mistakes from a standardized perspective, including daily complaints to crisis public relations. I wonder if there is any KFC franchise system? Simply put, people can understand the mistakes made by the employees of the KFC store involved, but they cannot understand the attitude and logic of the store involved in handling the incident. It’s okay to settle things down, but you can’t treat others as fools. It’s okay if you want to lose a little less, but you can’t bully the soft and be afraid of the hard. Big shop is not a reason to bully customers. For matters that can be resolved through negotiation, law enforcement agencies must intervene to show sincerity. Why bother? The problem can’t be solved by Mengjiao Flicker, and it can only be solved by law in the end.

stockin
6 months ago

Let’s talk about who is responsible for this and the items in which the victim can claim compensation in the tort case. Although a KFC employee mistakenly gave the woman the disinfectant to drink, according to the relevant provisions of the Infringement Edition of the Civil Code, the employee was injured while performing work tasks. The woman could directly request KFC for compensation. The general compensation items for such personal tort damages are: if the injury is minor, you can claim compensation for medical expenses, lost work expenses, follow-up treatment expenses, nutrition expenses, transportation expenses, hospital food expenses, property damage expenses and other expenses. If the injury is serious and constitutes a disability, medical expenses, after the other party’s lawsuit, ask the court to entrust an appraisal agency to identify the other party’s injury, determine medical expenses, disability compensation, lost work expenses, follow-up treatment expenses, nutrition expenses, transportation expenses, hospitalization Food expenses, property damage expenses and other expenses. Of course, after KFC compensates for the loss of the woman, it can recover the compensation from the negligent employee. If you have any legal questions, you can click on my homepage and add WeChat consultation.

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