Roskoshestvo explained how to file a claim for poisoning in the restaurant
Food poisoning in cafe, restaurant, for products purchased in store or online reason to protect their rights, what actions are needed in this case, said Deputy head of Roskoshestvo Alexander Borisov.
The fact of poisoning it is necessary to fix in a medical facility. "In the "reason" the doctor will record your words, what you ate and what caused the consequences. Coupled with the symptoms and treatment evidence of the use of certain products or dishes at a particular time and in a particular place will not cause doubts," - says Borisov.
Evidence may be a receipt, statement from a Bank card, witness statements, photos and videos with location, of footage, screenshots basket online shop, conclusion of sanitary and epidemiological station (SES). In addition, must submit a written application to the territorial Department of Rospotrebnadzor. The term of consideration of such complaints in 30 days, and the response can be useful in court.
Written claim specifying the date, place and composition of the buy, the fact of poisoning, and compensation: it includes the cost of the purchase, the amount of moral damages, the cost of treatment and work a simple illness, documented. In addition, reference is made to article 14 of the law "On protection of consumer rights", according to which the harm caused to life, health or property of the consumer owing to constructive, production, prescription or other defects of goods (works, services) shall be compensated in full.
The claim is served personally or by registered mail, in two copies, and with online ordering it is necessary to send not only a shop or restaurant, but in the address of an Internet resource providing the service. They have the right to review of the claim within 10 days. If there was no reaction, it is necessary to go to court: when the damage is less than 50 thousand rubles - in the world, 50 thousand - in the district court of General jurisdiction. Sue as possible on the defendant's domicile and at their own place of residence. Stamp duty in cases of consumer protection is charged.
The consequences in the form of a disability or death is punishable under article 238 of the Criminal codec of the Russian Federation "Sale of goods and services that do not meet safety requirements": such cases are investigating the police or the investigative Committee, the punishment depending on the severity of the impact – up to 10 years in prison.