[Direct answer]In the Beijing area, liability should be determined based on fault and compensation should be claimed. As a business establishment, restaurants are subject to the obligation of ensuring safety under Article 1198 of the Civil Code of the People's Republic of China (effective January 1, 2021). If the restaurant fails to fulfill its obligation and causes harm to customers, it shall bear tort liability. If the scalding is caused by the restaurant's negligence, such as improper operation by staff or unstable placement of tableware or hot soup, the restaurant shall generally bear responsibility. At the same time, according to Article 1173, if the customer is at fault, the tortfeasor's liability may be reduced. Compensation items, according to Article 1179, include reasonable expenses such as medical expenses, nursing fees, transportation fees, and nutritional fees. If a disability results, compensation for disability and mental distress may be claimed. When making a claim, it is necessary to promptly fix evidence at the scene, seek medical treatment, and keep receipts. If no agreement can be reached through negotiation, a complaint or lawsuit may be filed. In practice, the public liability insurance purchased by the restaurant often covers the compensation.

1. Problem background and typical scenarios

There are many hot soups, hot oils, and open flames in dining establishments, and burn injuries occur frequently. Typical scenarios include: waiters spilling hot soup and burning customers; boiling hotpot soup overflowing or improperly adding soup causing injuries; customers getting burned while retrieving hot drinks themselves; children running around in the restaurant and colliding with waiters, causing hot soup to spill; and restaurants failing to provide necessary warnings about high-temperature dishes. When handling such cases in Beijing, the court will distinguish between the causes of the accidents and the faults of both parties, and determine the proportion of responsibility and the scope of compensation accordingly.

II. Key points of contention

Firstly, who is the responsible party, the restaurant or the customer? Secondly, has the restaurant fulfilled its obligations of ensuring safety and providing warnings? Thirdly, how should the guardian's liability be determined when a minor is injured? Fourthly, what is the evidentiary value of surveillance footage and witness statements? Fifthly, how should the items and standards of compensation be determined? Sixthly, what is the relationship between insurance claims and tort compensation?

III. Professional analysis by Henglue Lawyers

Based on Henglue Lawyer's practical experience in handling personal injury cases, such disputes usually revolve around three points. First, fault determination: If the burns result from the waiter's improper operation, non-standard serving methods, or unstable placement of tableware, the restaurant usually bears the main responsibility; if the customer self-retrieves high-temperature food, runs into collisions, or fails to fulfill their duty of care, their fault will lead to a reduction of liability. Second, evidence preservation: After the incident, it is necessary to promptly take photos of the scene and the injured party's injuries, retrieve and apply for the preservation of surveillance footage, and keep the consumption receipts and contact information of the on-site personnel to form a complete chain of evidence. Third, compensation and claims settlement: The compensation items shall be based on the actual losses and receipts in accordance with Article 1179 of the Civil Code; if the restaurant has purchased public liability insurance, the compensation may be borne by the insurance company, but the determination of liability will still be based on the rules of infringement. In addition, if a minor is injured, the guardian's failure to fulfill their duty of care will also be taken into account.

IV. Practical suggestions and legal basis

Action list: First, deal with the injury and seek medical treatment as soon as possible, and keep the medical records, diagnoses, and expense receipts; Second, take photos of the scene and the injury, retrieve the surveillance footage, and record the information of the witnesses; Third, keep the consumption receipts, invoices, and booking records; Fourth, communicate with the restaurant in writing and request a record of the accident; Fifth, if no agreement can be reached, file a complaint with a consumer rights protection organization or initiate legal proceedings; Sixth, if children are involved, pay attention to explaining the guardianship situation. For personal injury cases, you can refer to the relevant provisions.Personal injury and medical disputes; Cases involving the responsibilities of business premises and contract disputes can be combined togetherBusiness and contract disputes in enterprisesColumn. Legal basis: Articles 1173, 1179, and 1198 of the Civil Code of the People's Republic of China (effective from January 1, 2021). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, liability is divided according to fault, and it's not always the hotel's responsibility. Secondly, on-site evidence and medical records are the basis for claiming compensation. Thirdly, surveillance footage is easily overwritten, so it's necessary to apply for its preservation as soon as possible. Fourthly, when minors are involved, attention should be paid to the impact of the determination of guardianship responsibility. If you are currently facing similar problems, you can seek help throughPersonal injury and medical disputesWe provide a comprehensive solution for services, which includes the integration of service contracts.Business and contract disputes in enterprises板块。

VI. Frequently Asked Questions

Q1: Who is responsible if a waiter spills soup on a customer and burns them?

Generally, the hotel is responsible for this. The waiters' actions during the performance of their duties shall be subject to the corresponding responsibilities of the employing units. If the hotel fails to fulfill its obligation of ensuring safety and causes damage to customers, it shall bear tort liability in accordance with Article 1198 of the Civil Code of the People's Republic of China. If the customers themselves have faults, the responsibility may be correspondingly reduced, but the main responsibility generally lies with the operators.

Q2: What should customers do if they accidentally knock over the hot soup themselves?

The liability should be apportioned according to the fault. If the customer causes the scalding due to their own reasons, such as knocking over the hot food or improperly retrieving it, their fault may lead to the restaurant's liability being reduced or even exempted from liability; but if the restaurant fails to give necessary warnings about the hot food or the tableware is placed in an obviously unstable manner, it may still bear corresponding liability. In practice, the court will comprehensively judge the proportion of fault of both parties based on the circumstances of the case.

Q3: Should I call the police first after a burn injury?

Handle it according to the situation. If the injury is serious or there are major disputes over the facts between the two parties, calling the police can help fix the course of events and evidence; if the injury is minor, you can first fix the scene evidence, retrieve the surveillance footage, and communicate with the restaurant. Whether or not you call the police, it is very important to take photos of the scene and the injury, and to keep the consumption receipts and medical records, which are the basis for claiming compensation in the future.

Q4: What kind of compensation can be claimed?

According to Article 1179 of the Civil Code, the claimant may claim reasonable expenses such as medical fees, nursing fees, transportation fees, nutrition fees, hospitalization subsistence allowances, and loss of income; if the victim suffers from a disability, the claimant may also claim disability compensation and disability assistive device fees; if the victim suffers from serious mental harm, the claimant may claim compensation for mental harm. When making a claim, the claimant shall submit receipts and relevant certificates, and the compensation shall be calculated based on the actual losses.

Q5: How much can hotel insurance compensate for?

It depends on the insurance contract and liability determination. Hotels often purchase public liability insurance, and the insurance company will bear the compensation within its liability scope; however, the amount and scope of compensation are subject to the insured amount and terms, and do not affect the hotel as the responsible party. If the compensation is insufficient, customers can still claim the difference from the hotel. It is recommended to understand the situation of insurance and liability determination at the same time, and comprehensively assert rights.

The above answer is based on the judicial practice in Beijing. The judicial interpretations in other provinces or 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, 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 public 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 case of disputes, please consult a practicing lawyer in time.