[Direct answer]Yes. Although the gifts are not charged separately, they are still products provided by the operator and should meet the requirements for ensuring personal and property safety. According to the provisions of the Civil Code of the People's Republic of China (effective January 1, 2021) on product liability, if a product defect causes harm to others, the infringed party may request compensation from the product manufacturer or the product seller; if the defect of the gift causes personal injury, the seller, as the provider, cannot evade liability on the grounds that the gift is free. The scope of compensation usually includes reasonable expenses such as medical fees, nursing fees, loss of income, and transportation fees. If the injury results in disability or death, the corresponding items should also be compensated. The infringed party may choose to claim compensation from the manufacturer or the seller, and the seller has the right to seek recourse from the manufacturer after making the compensation.

I. Problem background and typical scenarios

It's very common for merchants to promote sales with free gifts, but the quality of the free gifts is often overlooked. In practice, it's not uncommon for defective free gifts to cause personal injury to consumers, such as electrical appliances with leaks in the free gifts, toys containing harmful substances in the free gifts, and broken tableware in the free gifts causing injuries. When handling such cases in Beijing, the court will review whether the free gifts are provided with the goods or services, the causality between the defects and the injuries, and the responsible parties, and determine the compensation liability accordingly. Free gifts are not grounds for exemption from liability, and operators are still responsible for the products they provide. Keeping the purchase receipt and the actual free gifts is the basis for claiming compensation, and it's also important to seek medical treatment in time and fix the evidence of the injuries.

II. Key points of dispute

There are four points that need to be clarified: First, whether the gifts are subject to the relevant provisions of product liability; Second, whether the responsible party is the producer or the seller, and whether one of them can be chosen to claim; Third, what items are included in the scope of compensation; Fourth, how the burden of proof is allocated. Generally speaking, gifts are products provided by operators, and product liability applies if there are defects causing harm to people; the infringed party can claim against the producer or the seller, and the compensation shall be based on the actual losses. Whether the evidence is sufficient directly affects the determination of liability and compensation. The parties should provide evidence around the defects and causality, and it is particularly important to seek medical treatment and appraisal in time. If necessary, they can apply for appraisal to confirm the defects.

III. Professional analysis by Henglue Lawyers

When handling cases involving harm caused by free gifts, Henglue Lawyers usually proceed from four aspects. First, determining the nature of liability: confirming whether the free gifts are provided with the goods or services, and whether they fall within the scope of the operator's product supply, thereby applying the relevant provisions of product quality liability. The fact that the free gifts are free does not constitute a reason for exemption from liability. Second, selecting the subject of liability: the infringed party can claim against the producer or the seller. If the seller compensates, the seller has the right to recover the compensation from the producer; when making the choice, the subject's solvency and the ease of providing evidence should be considered. Third, fixing the damages: collecting receipts for medical expenses, nursing care fees, loss of income, transportation expenses, etc. If the victim suffers from a disability, applying for a disability assessment to determine the disability grade, and clarifying the compensation items and amounts. Fourth, proving the causality: when necessary, commissioning an appraisal institution to issue an opinion on whether the free gifts have defects and the causal relationship between the defects and the harm. In practice, proving the defects and the causal relationship is the core of the case.

IV. Practical suggestions and legal basis

Action suggestions: First, keep the shopping receipts, the physical gifts and their packaging, and take photos and videos to fix the evidence in time; Second, seek medical treatment immediately and keep the medical records, expense receipts, and diagnosis certificates; Third, if the injury constitutes a disability, apply for a disability rating assessment in time; Fourth, claim compensation from the seller or manufacturer. If no agreement can be reached through negotiation, a lawsuit can be filed. For personal injury cases, you can refer to the relevant provisions of the Consumer Protection Law of the People's Republic of China.Personal injury and medical disputesFor disputes involving products and consumer issues, you can refer to the following information for reference.Business and contract disputes in enterprisesLegal basis: Articles 1202 and 1203 of the Civil Code of the People's Republic of China (effective from January 1, 2021) and the relevant provisions of the Chapter on Tort Liability. The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

Firstly, the gifts are products provided by the operator, and the product liability applies when there are defects causing harm. Secondly, the fact that the gifts are free does not exempt the seller from liability. Thirdly, the infringed party may claim compensation from either the producer or the seller. Fourthly, the compensation shall be based on the actual losses, and the degree of disability shall be determined through appraisal. In cases involving personal injury, compensation may be claimed through legal channels.Personal injury and medical disputesThe service is supported, and you can refer to it when handling difficult and complex casesSpecial servicesColumn.

VI. Frequently Asked Questions

Q1: Can I claim compensation if the gift causes personal injury?

Yes. Gifts provided by operators should ensure personal and property safety, and the product liability applies to damages caused by defects. The infringed party may request compensation from the producer or seller, and the seller cannot exempt himself from liability on the grounds that the gift is free. The compensation includes reasonable expenses such as medical fees, and if it constitutes disability, the corresponding items should also be compensated.

Q2: Who should I ask for compensation from?

You can request compensation from the product's manufacturer or from the product's seller. After the seller compensates, the manufacturer has the right to seek reimbursement from the manufacturer; if the product has defects due to the seller's fault, the manufacturer also has the right to seek reimbursement from the seller after compensating. The parties may choose according to the subject's ability to pay and the convenience of providing evidence.

Q3: What does the compensation include?

It usually includes reasonable expenses for treatment and rehabilitation, such as medical fees, nursing fees, transportation fees, nutrition fees, and hospitalization meal subsidies, as well as income lost due to work absence; for cases resulting in disability, it also includes disability compensation and assistive device fees; for cases resulting in death, it includes funeral expenses and death compensation. The specific amounts are determined based on the bills and the conclusions of the appraisal.

Q4: Do you need an appraisal?

It depends on the specific circumstances. If there is a dispute over whether the gift has defects or whether there is a causal relationship between the defects and the damage, it is usually necessary to entrust a professional appraisal institution to issue an opinion. If the injury constitutes a disability, it is also necessary to apply for a disability assessment to determine the amount of disability compensation and other items. The appraisal conclusion has a significant impact on the determination of liability and compensation.

Q5: What should I do if the merchant says they're not responsible for the free gifts?

This statement lacks legal basis. The free gifts are still products provided by the operators, which should meet quality requirements. The operators cannot evade responsibility if the free gifts cause harm due to defects. You can claim compensation from the operators and, if necessary, file a complaint with the market supervision department or initiate legal proceedings. Please note to keep the evidence such as shopping receipts, the actual free gifts, and medical materials.

The above answer is based on the judicial practice in Beijing. The adjudication standards in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, to avoid missing the statutory time limit.Personal injury legal services·Beijing Henglue 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. In the event of a dispute, please consult a practicing lawyer in a timely manner.