Adrian Tan comments in LHZB: “吃坏肚子求偿有门” (Legal avenues for food poisoning cases)

TSMP partner and head of IP and TMT Adrian Tan commented extensively in an article published by the Chinese-language daily Lianhe Zaobao on 23 December 2018 on the legal rights of diners and the civil compensation they can pursue against catering operators in the event of food poisoning. 

He pointed out that once the food sold by the catering industry causes physical damage to others, such as illness or death, it can be regarded as a tort.

He cited the slimming drug Slim 10, which caused multiple liver failures in 2002, as an example. Whether it is a drug or a food, as long as the vendor sells something that harms others, the victim can sue the seller for negligence. There is no limit on the amount of damage claim by a food poisoning victim and his estate administrator or executor.

More of his comments may be found here (LHZB paywall).



TSMP law corporation