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

Step 1. See your doctor

Don't try to deal with food poisoning yourself. Call an ambulance or doctor at home. If your condition allows, go to the clinic. Tell your healthcare provider what you ate and when you felt unwell. All this needs to be documented.

The medical report will become your main proof in the future. It is good if there is a causal relationship between the fact of visiting a cafe and poisoning in it. For example, ask the doctor to write that the departure did not come after visiting the institution, but "in connection" with it.

Alexander Gulko "Gulko Judicial Bureau"

In case of poisoning in public catering, the presumption of guilt of the defendant, provided for in Article 1 064 of the Civil Code of the Russian Federation, does not apply. You can't just blame the cafe for your discomfort. There must be evidence that the salmon tartare you ate yesterday at the Romashka cafe is the cause of your nausea, and not the whitewash you bought from the metro. Therefore, one cannot do without going to a doctor and such unpleasant procedures as gastroscopy.

Here's what else could be your proof.

Check and invoice. Store them for at least a couple of days after visiting the institution, because the poisoning may not appear immediately. If the check was thrown away, but paid by card, a bank statement will do.
Testimony of witnesses. Get the support of those who will confirm that you dined on a specific day at a specific institution. Read reviews on social media and independent recommendation sites like TripAdvisor. You may not be the only one affected, and you can complain collectively.

Step 2. Write a claim

Indicate:

when you visited the establishment;
what they ordered;
what health problems you got;
the amount of monetary compensation.

Attach a copy of the medical certificate and receipt (if any) and send the claim by registered mail with notification to the company's legal address. Or hand it in person, but make sure the restaurant representative signs and dates your copy.

Determine the amount of compensation based on the bill for the lunch, money spent on treatment, and other expenses.

If you had to take sick leave, then, according to article 1 085 of the Civil Code of the Russian Federation, you can demand compensation for the earnings lost due to illness. That is, in addition to the costs of treatment, the restaurant will have to compensate you for the difference between the sick leave and what you would earn by being present at the workplace.

Alexander Gulko

According to Article 31 of the Law "On Protection of Consumer Rights", a response to your complaint must be received within 10 days. An institution that values its reputation will try to smooth out the negative and satisfy the client's requirements.

Step 3. Complain to Rospotrebnadzor

Rospotrebnadzor is the Federal Service for Supervision of Consumer Rights Protection and Human Welfare. It is her direct responsibility to monitor compliance with sanitary standards in catering establishments.

You can contact the territorial body of Rospotrebnadzor in person or online. This can be done at any stage: both when drawing up a claim and when going to court.

Rospotrebnadzor, based on your complaint, will conduct an unscheduled inspection of the restaurant. The violations revealed in the course of it can be used in court as evidence.

Step 4. Go to court

In the statement of claim, indicate:

when and under what circumstances did you get poisoned;
what harm was caused to health;
what evidence and witnesses do you have;
what are your requirements.

Attach all the documents you have: a medical certificate, sick leave, a receipt from a restaurant, a conclusion of Rospotrebnadzor, correspondence with the defendant, and so on.

If the collected evidence builds a causal relationship between the consumption of food in the cafe and the poisoning, the claim will be upheld. But if the evidence does not give a complete picture of what happened, and the medical examinations carried out do not answer the question of what kind of food caused harm to health, the chances are low.

Alexander Gulko

Claims for the protection of consumer rights are considered by district courts and can be brought at the location (registration) of the defendant, at your place of residence or at the place of harm, that is, the address of the restaurant. The state duty for such cases is not charged.

In the statement of claim, you can demand compensation not only for harm to health, but also for moral damage. After all, if you have reached the court, then, probably, the restaurant has pretty worn out on your nerves.