Poisoned in the restaurant: what to do and where to complain

If you feel unwell after a visit to a restaurant or poisoned in the café, know how to be compensated.

Some catering not monitor the cleanliness, hire cooks without sanitary books, buy substandard products. And you can feel discomfort after the dinner at an expensive restaurant, and after a snack at the food court.

The consumer has the right to ensure that the service was safe for life and health.

Article 7 of the Law "On Protection of Consumer Rights"

Compensation for damage to health due to the "lack of service" is guaranteed by Article 1095 of the Civil Code.

Step 1. Consult your doctor

Do not try to cope with food poisoning independently. Call an ambulance or doctor at home. If conditions permit, go to the clinic. Tell doctors, what they ate and when they felt ill. All this should be documented.

A medical report in the future will be your main evidence. Well, if it is traceable causal connection between the fact of visiting the cafe and poisoning. For example, ask your doctor to write that the administration does not come after visiting places, and "in connection" with him.

When poisoning in catering the presumption of guilt of the defendant, provided for by Article 1064 of the Civil Code, does not apply. You can not just blame the cafe in his indisposition. There must be evidence that the cause of your nausea is the most salmon tartar, which you ate yesterday in a cafe "Daisy" and not Tat, who bought at the metro. Therefore, without reference to the doctor and unpleasant procedures such as gastroscopy, can not do.

Alexander Gulko, "Gulko Judicial Bureau"

Here's what else can be your evidence.

• Receipt and expense. Keep them at least a couple of days after visiting the institution, because the poisoning could not be immediately apparent. If the check is thrown, but paid card, bank statement amiss.
• The testimony of witnesses. Enlist the support of those who will confirm that you had lunch on a particular day at a particular institution. Read the reviews about it on social networks and on the recommendation of independent resources like TripAdvisor. Perhaps it was not just you, and you can complain collectively.

Step 2. Write a complaint

specify:

• When you visit the restaurant;
• that ordered;
• What health problems have received;
• the amount of monetary compensation.

Attach a copy of the medical report and a check (if any), and send the claim by registered letter with acknowledgment of the legal address of the company. Or handed it personally, but make sure that a representative of the restaurant put on your copy the date and signature.

The amount of compensation determined on the basis of the bill for the meal, the money spent on treatment, and other expenses.

If you had to take sick leave, according to article 1085 of the Civil Code, you may request reimbursement of lost due to sickness pay. That is, in addition to the cost of treatment, the restaurant will have to reimburse you for the difference between the proceeds received on sick leave and the fact that you would have earned by attending the workplace.

Alexander Gulko

According to Article 31 of the Law "On Protection of Consumer Rights", the answer to your claim must be received within 10 days. Institution who value reputation, try to smooth out the negative and satisfy customer requirements.

Step 3. Complain to the Federal Service

Rospotrebnadzor - is the Federal Service for Supervision of Consumer Rights Protection and Human Welfare. Monitor compliance with the sanitary standards in catering establishments - its direct responsibility.

Apply to the territorial authority Rospotrebnadzor can be in person or online. This can be done at any stage: how in the preparation of claims, as well as during treatment in court.

Rospotrebnadzor on the basis of your complaint will conduct an unscheduled inspection of the restaurant. Revealed during her break can be used in court as evidence.

Step 4. Go to law

The petition, specify:

• when and under what circumstances you were poisoned;
• the harm inflicted to health;
• which you have evidence and witnesses;
• what are your requirements.

Attach all your existing documents: medical certificate, sick leave, check out the restaurant, the conclusion of Rospotrebnadzor, correspondence with the defendant, and so on.

If the evidence collected build a causal link between the consumption of food in restaurants and poisoning, the claim will be satisfied. But if the evidence does not provide a complete picture of what happened, and conducted medical examination did not answer the question, what kind of food has caused injury, the chances are low.

Alexander Gulko

Claims for consumer protection are considered by the district courts and may be brought at the place location (registration) of the defendant, in your place of residence or place of harm that is at restaurant. in such cases state tax will be charged.

The petition can claim compensation not only injury but also non-pecuniary damage. After all, if you get to court, it is likely that the restaurant has fairly pulled your nerves.