[Direct answer]In the Beijing area, victims can choose to claim compensation from either the seller or the producer, or from both of them. According to Articles 1202 and 1203 of the Civil Code of the People's Republic of China (effective January 1, 2021), if a product defect causes harm to others, the producer shall bear tort liability. The victim can either request compensation from the producer or the seller, and the compensating party has the right to seek recourse from the party at fault. At the same time, according to Article 1206, if a defect is discovered after the product has been put into circulation, the producer and the seller shall take prompt remedial measures such as stopping sales, issuing warnings, and recalling the product. Therefore, if a victim is injured by a defective product, they can claim damages such as medical expenses, loss of income, nursing care costs, and disability compensation, and should pay attention to keeping the purchase receipt, the actual product, and medical records.

I. Problem Background and Typical Scenarios

It's not uncommon for consumers to be injured due to unreasonable dangers posed by products themselves that endanger personal and property safety after purchasing food, medicine, household appliances, children's products, or vehicles. Typical scenarios include: electric water heaters causing electric shocks, gas stoves leaking and causing explosions, children's toys with small parts detaching and leading to suffocation, food spoilage or containing foreign objects causing poisoning, and vehicle brake and airbag defects causing accidents. When seeking justice, victims often face confusion about "whether to sue the manufacturer or the retailer", "who bears the burden of proof", and "how to calculate the damages". One of the characteristics of product liability is that it breaks through the principle of contractual relativity. Even if there is no direct sales relationship between consumers and producers, victims can still directly claim compensation from them according to the rules of tort liability, which provides great convenience for victims.

II. Key points of dispute

First, whether the product has defects, that is, whether it poses an unreasonable danger to personal and property safety, which is a prerequisite for establishing liability. Defects can be divided into design defects, manufacturing defects, and warning and instruction defects. Second, whether the victim should claim against the producer or the seller, and how to seek compensation between the two parties. Third, how to determine the causal relationship between the damage consequences and the product defects, and whether professional appraisal is needed. Fourth, what items are included in the scope of compensation, and whether the victim can claim compensation for mental distress. Fifth, when the victim's own improper use contributes to the harm caused by the product defects, how should the liability be shared. Sixth, if the defective product causes serious harm, can the victim claim punitive damages?

III. Professional analysis by Henglue Lawyers

Here is the translation of the Chinese text into English: Henglue Lawyers provide four practical tips on product liability and personal injury cases. Firstly, the liable party can choose to claim compensation from either the producer or the seller according to Article 1203 of the Civil Code. This significantly lowers the threshold for seeking justice, as victims don't need to first determine who the ultimate liable party is. After the party being sued compensates the victim, they can seek recourse from the actual liable party through internal liability mechanisms. Secondly, the producer's defenses for exemption from liability are limited. To claim exemption, the producer must prove that the product was not put into circulation, that the defect did not exist at the time of circulation, or that the existing scientific and technological standards at the time could not detect the defect. These legal requirements impose high evidentiary standards and are difficult to meet in practice. Thirdly, evidence is crucial. Victims should retain purchase receipts, invoices, and payment records, preserve the physical product and its packaging, promptly document the scene of the accident with photos and videos, and comprehensively keep medical records and expense receipts. For cases involving defects and causality, professional appraisals can be requested. Fourthly, the scope of compensation is broad. For personal injuries caused by product defects, victims can claim medical expenses, nursing care fees, loss of income, transportation costs, nutritional expenses, hospitalization subsidies, and disability compensation. For severe mental damage, consolation for emotional distress can be sought. In particularly serious cases, punitive damages can be claimed according to Article 1207 of the Civil Code. Overall, the key to seeking justice for harm caused by defective products lies in identifying the liable party, securing evidence, and quantifying losses. Henglue Lawyers typically assist clients by organizing evidence chains and selecting appropriate claim targets to protect their rights.

IV. Practical suggestions and legal basis

Action suggestions: First, immediately keep the purchase receipts, the actual products and their packaging, and do not return or discard them easily; Second, seek medical treatment in time and keep the medical records, diagnosis certificates, and expense receipts in full; Third, fix photos and videos of the accident scene and contact information of witnesses; Fourth, you can first negotiate with the producer or seller to claim compensation, and if the negotiation fails, you can file a complaint or lawsuit against them. If necessary, apply for a product defect appraisal; Fifth, if serious harm is involved, claim compensation for disability and mental distress at the same time. For personal injury and medical disputes, you can refer to the relevant provisions.Personal injury and medical disputesIt can be referred to for issues related to enterprise operations and contractsBusiness and contract disputes in enterprisesLegal basis: Articles 1202, 1203, 1206, and 1207 of the Civil Code of the People's Republic of China (effective January 1, 2021), and the provisions on the responsibilities of producers and sellers in the Product Quality Law of the People's Republic of China (amended in 2018). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

First, defective products can cause harm beyond the contractual relationship, and claimants can directly sue the producers or sellers without being limited by the buyer-seller relationship. Second, purchase receipts and the actual products are the most basic and easily overlooked evidence, so it's essential to preserve them immediately. Third, the determination of causality often relies on appraisal. It's necessary to initiate the appraisal as soon as possible and properly preserve the samples to avoid the products being damaged and making it impossible to appraise them. Fourth, the scope of compensation includes direct losses such as medical expenses, as well as disability compensation and compensation for mental distress. In particularly serious cases, punitive damages can be claimed. Fifth, attention should be paid to the three-year statute of limitations, which is calculated from the date when the claimant knows or should have known that his rights have been infringed and the date when the obligee knows or should have known that his obligations have been violated. It's essential not to delay taking legal action. For matters involving debt recovery and enforcement, reference can be made to relevant provisions.Creditor's rights and debts, and enforcementFor issues related to labor rights, you can refer to the following resources for more information.Labor arbitration and work-related injury compensationFor other difficult matters, you can refer to the following for referenceSpecial services.

VI. Frequently Asked Questions

Q1: If you are injured while using a defective product, should you first contact the seller or the manufacturer?

The victim has the right to choose one claim according to the law. According to Article 1203 of the Civil Code, the victim can claim compensation from either the producer or the seller. The party who compensates the victim can then seek reimbursement from the other party internally. Therefore, it is more advantageous to choose the party with stronger compensation capacity and easier evidence collection and litigation.

Q2: Is it necessary to prove that the product has defects?

It is necessary. The defect is a prerequisite for establishing liability, and it can be proven by the physical product, the inspection report, and the appraisal opinion. Consumers should keep the product and packaging, and, if necessary, apply to professional institutions to issue an appraisal opinion on the defects in design, manufacturing, or warning instructions.

Q3: What compensation items can be claimed?

It mainly includes medical expenses, nursing care fees, loss of income, transportation expenses, nutrition fees, hospitalization subsistence allowances, and disability compensation. For cases causing serious mental harm, the claimant may seek compensation for mental distress. All losses shall be calculated based on receipts and actual expenses.

Q4: Can I still claim compensation if the product has exceeded the warranty period?

Generally, it is possible. Product liability belongs to tort liability and is not limited by the warranty period; however, the right of claim is subject to the statute of limitations, which is generally three years, calculated from the date when the claimant knows or should have known that his rights have been infringed and the obligee's identity has been identified. The claimant should assert his rights in a timely manner.

Q5: Can the merchant evade responsibility by saying "go find the manufacturer"?

No. According to the Civil Code, the seller can also be a claim object, and the victim has the right to claim compensation from him/her. The seller shall not refuse on the grounds of "going to the manufacturer", and after making compensation, he/she may seek recourse from the producer in accordance with the law.

The above content is based on the judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm for specific cases.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, so as to avoid missing the statutory time limit. →Personal injury legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in a timely manner.