Many people vomit and diarrhea after eating heart eggs. There is no problem with the municipal supervision department’s random inspection. Lawyers: Consumers are difficult to obtain evidence.

Dongfang.com · Zongxiang News Chen Lina

On March 19th, Ms. Cheng, the citizen, reflects that she vomit and diarrhea appeared in Jiajia Tangbao in Baoshan Baolong, Baoshan District, Baoshan District, Baoshan District, Shanghai on February 18.The notice was seriously received due to the illness.

Caption: Ms. Cheng was notified by the hospital on February 18.Photo source: respondent

The manager of Jiajia Tang Bao Bao Yang Baolong told the news that the relevant departments had already checked, “There is no problem with our things, and the heart of their doubts is no problem. The company is going to sue them to infringe their right to reputation.”Benn egg has been removed.

The reporter learned from the Supervision and Management Institute of Youyi Road Market in Baoshan District that after receiving consumer complaints, they conducted a random inspection of the stocks of the inventory, and the products met food safety standards.On March 7, they also organized merchants and Ms. Cheng’s offline mediation. “At that time, the people’s mediators of the judicial institute were also invited to mediate together, but the two parties did not reach an agreement.”

Today, a person in charge of Zhou Jiajia Catering Management Co., Ltd., which belongs to Jiajia Tangbao, told the news that it was inconvenient to be interviewed by the media.Before the press release, the reporter got the latest news. Jiajia Tangbao expressed his desire to communicate with consumers further through relevant departments.

After eating, he was notified by the critical illness, and the meal review was deleted

Ms. Cheng said that around 12:50 on February 18th, she ate at Jiajia Tangbao Bao Yang Baolong Square Store and ordered soup bags, heart eggs and other meals. “After 2 hours of eating, I feel uncomfortable.As soon as I entered the toilet, I vomited and diarrhea, and the response was very serious. “

“At that time, I was sweating and weak, and I didn’t even have the strength of toilet paper.” Ms. Cheng told the news that the news was sent to the hospital by 120 ambulances.According to the medical records, due to the serious acute gastrointestinal condition after admission, the hospital gave her a notice of illness. After the rescue treatment, she was discharged from the hospital on February 24.

Because she did not know which department to find, her family contacted the merchant on February 18 and called 110, and the next day, she called the 12315 complaint report hotline.”The merchant’s attitude is tough and does not acknowledge that there are problems. I also said that I am the only customer who eats bad stomachs. There is no problem to eat heart eggs by themselves.”

After Ms. Cheng posted her personal encounter on the public review platform, at least seven or eight consumers contacted her to say that she had the same experience.There are only several comments related to this.”Many comments have been deleted by the merchant, and my comments were also deleted. I uploaded a photo of the medical treatment before re -displaying.”

Caption: Ms. Cheng’s evaluation.Photo source: Public Comment

There is no problem with the products of the municipal supervisor, and consumers regret not complaining in time

On March 19, the reporter learned from the Supervision and Management Institute of Youyi Road Market in Baoshan District that after receiving consumer complaints, they inspected the stocks of the inventory, and the products met food safety standards.

The Baoshan District Market Supervision and Administration Bureau responded to the incident. From February 18th to 19th, the bureau received 4 waves of guests reflected in Jiajia Tangbao (Baoyang Baolong Store).Egg.

Law enforcement officers went to the merchant to conduct on -site inspections on February 19th. The store found an effective business license and food business license on the spot. It was not found that there was a situation that the store was not in line with food safety norms.The inventory product “Kuman Heart Braised Egg” was found on the spot.

The Baoshan District Market Supervision Bureau conducted inspections on the inventory “Kuman Heart Bournesters”. After sampling inspection, the product meets the food safety standards.

Ms. Cheng expressed understanding of the results of the investigation, but she believes that the relevant departments went to the scene the next day after the incident, which left a time difference for the merchant. “This also blames us to not know that we will call the 12315 complaint call at the first time.I contacted the merchant, they had time to deal with the product. “

On March 7, Ms. Cheng and merchants organized an offline mediation meeting for Ms. Cheng and merchants.

On March 17, Ms. Cheng published her experience in defending her rights on social media.

After the take -out platform places the order, seek medical treatment, consumers get food insurance compensation

On the day before Ms. Cheng had a good medical treatment, on February 17, Ms. Yan orders from the takeaway platform to order the food, loofah shrimp soup buns of Jiajia Tangbao Bao Yang Baolong shop.

Caption: Ms. Yan February 17th from the takeaway platform, the meal of the single Jiajia soup (Baoyang Baolong).Photo source: respondent

Yesterday, she told the news news that after eating around 3 pm on February 17, she had vomiting and diarrhea at four o’clock. “I was dizzy and paralyzed on the ground. LaterI was sent to the hospital. The hospital was diagnosed with acute gastroenteritis. My vomiting continued to No. 19, diarrhea continued until the 20th, and was hospitalized for 6 days before hospitalization. “

Caption: Ms. Yan’s medical record.Photo source: respondent

After that, Ms. Yan reported to the merchant based on the contact information displayed by the platform. “The other party asked me to contact the platform, and then the platform and the merchant contacted. At the end of the matter, the merchant did not take the initiative to contact me.”

Ms. Yan said that the merchant did not admit that her meals had problems, and believed that it was the relationship between the takeaway. “But the takeaway lunch box was plastic at that time, and I opened it when I broke it.” Finally, the takeaway platform paidAbout 2500 yuan medical expenses.

Caption: Ms. Yan received the medical expenses paid by the platform on the day of discharge.Photo source: respondent

“Jiajia Tangbao is a well -known catering brand in Shanghai. Their attitude towards consumers is too disappointing.” Ms. Yan said.

Lawyer: It is difficult to obtain evidence from consumers, and the court may follow the dentan inference

Li Weijie, a member of the Civil Business Research Committee of the Shanghai Lawyers Association, said in the case of accepting the Eastern Network · vertical news on this matter. According to the current understanding, consumers do not have malicious defamation to merchants.The experience and complaint of the medical treatment after the meal is within the scope of consumer rights protection and the scope of supervision of merchants. There is no subjective malice that slander and slander the reputation of the merchant. “

Li Weijie said that from the perspective of preservation evidence, consumers are difficult to save evidence in food safety issues. It is recommended that after finding the problem, the market supervision and management department where the merchant is located will be reported to the merchant’s market supervision and management department.Wait, “In layman’s saying, if a fly is found during the meal, then this fly fell in when the chef was cooked, or flew in the table after the dish, or the customer put it in?” This is difficult to determine. “

In addition, if you find problems after meals at night, it is difficult for law enforcement officers to arrive at the scene. “Therefore, the first time the complaint phone call and preservation of evidence are the limit that consumers can do.”

From the perspective of the court’s lawsuit, Li Weijie believes that if it involves civil compensation, the court may follow the “high -quality advantage evidence principles”. Many cases in civil lawsuits have not sufficient evidence to negate the other party’s parties due to their own words.Evidence, at this time, judges can use free tailoring to reasonably evaluate the possibility of the facts of the facts of the derivative of the evidence through the high probability of progress, that is, the height of the height.

Caption: Evaluation of other consumers.Photo source: Public Comment

“This principle is extremely tested by the ability of the two parties. In short, if a large number of customers who have eaten the store with the store have the same symptoms, the court will prescribe the food safety of this store.” However, for consumers, for consumersSaying a civil lawsuit requires a lot of time and energy. “Maybe some people are not as sick as Ms. Cheng, so seriously to the infrastructure danger notice, they choose to eat ‘.”

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