[Direct answer]In the Beijing area, when determining responsibility for burn injuries, the following factors are considered: 1. **Caused by the restaurant** (spilling hot oil, equipment malfunction, unstable tabletop, design flaws in serving channels, failure to warn about high-temperature risks) — The restaurant bears responsibility, as ensuring safety is a legal obligation. 2. **Caused by the customer** (self inflicted spillage, chasing and playing around) — The customer primarily assumes responsibility, with the restaurant sharing liability if there are clear management failures. 3. **Mixed causes** — Liability is apportioned based on the proportion of fault. Key evidence includes: - Photos and videos taken at the scene - Reviewing surveillance footage - Retaining medical bills - Burn injury assessments and subsequent repair costs (scar treatment can easily exceed 10,000 RMB) must be included in the compensation claim. Don't be swayed by the argument of "eating voluntarily" — Catering establishments' safety obligations cannot be waived just because customers choose to dine there voluntarily.

1. Problem background and typical scenarios

The waiter carrying the pot of boiling soup turns around and bumps into a customer, or a child running in the aisle knocks over the soup pot—scalding injuries in hotpot restaurants are a frequent type of food and beverage disputes. The restaurant might say, "You weren't careful," and the customer might say, "Your aisle is too narrow." How should responsibility be apportioned in such cases?

II. Key points of dispute

First, the scope and performance standards of the obligation of ensuring safety. Second, the determination of customer fault and the reduction of liability. Third, special protection for minors dining out. Fourth, compensation items and evidence chains.

III. Professional analysis by Henglue Lawyers

First Level: List of the Shopkeeper's Obligations - **Facility Layer**: Ensuring stable tables and chairs, compliant aisle widths, and safety inspections for induction cookers and gas equipment. Implementing physical isolation and warning signs for high-temperature areas (pot bodies and serving counters). - **Service Layer**: Standardized procedures for serving hot dishes and reminders (the phrase "Be careful of the heat" isn’t just a courtesy—it’s evidence of fulfilling obligations). Promptly cleaning up oil and grease on the floor. Providing and securing child seats. - **Rescue Layer**: Immediate assistance for burn injuries (guidance on using large amounts of cold water and assisting with hospital transport). The shopkeeper bears responsibility for delayed rescue. - **Evidentiary Defense Points**: Inspection records, employee training records, and surveillance footage—shops with such evidence enjoy reduced liability, while courts favor customers in the absence of such evidence (e.g., when surveillance cameras "happen to malfunction"). Second Level: Boundaries of Customer Fault - **Self-liability scenarios**: Customers spilling food while intoxicated, chasing and fighting, or ignoring clear warnings to touch high-temperature areas. - **Reduced liability disputes**: Children knocking over pot bases: Parental negligence and the shopkeeper’s design of aisles/child seats often share liability at a 40–70% split. - **Customer precautions**: Pay attention to table layouts during ordering and ensure children are seated by adults. Third Level: Additional Liability for Minors - Shopkeepers bear heightened obligations toward minors (especially young children): Keeping hot cookers away from children’s seats and avoiding children’s areas during serving. - Combined liability for parental negligence and shopkeeper’s failures follows a proportionate split. - Organizers of school meals or daycare lunch programs bear separate liability. - In practice, shopkeeper liability for "children’s facial burns" cases is generally higher than similar adult cases, with higher compensation for scar repair and emotional distress. Fourth Level: Compensation and Evidence - Medical expenses (emergency care, skin grafting, anti-scar treatment throughout the process), lost income and nursing care, nutritional fees, and transportation costs. - Follow-up repairs: Long recovery periods for burn scars. Secondary repair costs can be estimated based on medical records and claimed separately after judgment. - High emotional distress awards for facial and prominent area burns. - Evidential chain: On-site photos and surveillance footage (promptly preserved by the operator), medical records and receipts, injury assessments (post-recovery for disability determination and follow-up treatment), and shopkeeper liability evidence (equipment maintenance, employee operating procedures). - Negotiation and litigation: Verbal promises during on-site negotiations are unreliable; written agreements with clear amounts and deadlines are preferred. Large claims or secondary surgeries warrant direct litigation. Burn cases often settle quickly after assessments.

IV. Practical suggestions and legal basis

The first step is to provide first aid and secure the scene with video and surveillance evidence after a burn injury. The second step is to retain all medical bills throughout the process and follow up on subsequent treatment instructions. The third step is to list the items and basis for the claim in writing, and the agreement reached on the spot must be put in writing. The fourth step is to seek compensation through a disability assessment and lawsuit after recovery, and to reserve the right to claim for subsequent treatment costs separately. Main legal basis: Articles 119, 179, and 183 of the Civil Code of the People's Republic of China, and relevant provisions of the Consumer Rights and Interests Protection Law; specific application shall be subject to the currently effective regulations.

5. Henglu Law Firm's Reminder

Three key points regarding restaurant burn injuries: The restaurant has three layers of obligations in terms of equipment, service, and assistance, with each layer of responsibility carrying increasing liability; children's burn injuries generally result in higher liability for the restaurant, with key evidence including the design of the walkways and children's seats; scar repair costs can be claimed twice, and the total compensation will be determined after the victim's recovery and disability assessment. For claims involving restaurant burn injuries, please contact us for further assistance.Personal injury and medical disputesThe service obtains a comprehensive solution, and the compensation for disability appraisal can be combined with it.A traffic accidentFor related columns and sections, those involving consumer disputes can be referred to for referenceBusiness and contract disputes in enterprisesFor any questions regarding difficult situations, you can seek advice from the columnSpecial services and other casesColumn.

VI. Frequently Asked Questions

Q1: Is the shop exempt from liability if they say, "We've already reminded you to be careful of the heat"?

No; verbal reminders are just part of the obligation. Facilities and management defects still bear corresponding responsibilities. Warning signs and operating guidelines need to be systematic.

Q2: How should the responsibility be divided when a child knocks over a pot?

The liability for parental supervision and store management shall be divided according to the proportion of fault; if the store's aisle is too narrow or fails to provide child protection measures, the store will usually bear the main responsibility.

Q3: Can a burn injury qualify for a disability rating?

The disability compensation and mental consolation allowance shall be claimed together after the assessment of disability (scar contracture and functional limitation) with a standard area and depth.

Q4: What should I do if the store doesn't provide surveillance cameras?

The written requirements must be preserved and reported to the police for evidence, and can be requested for retrieval during litigation. The unfavorable consequences of refusing to submit or "damaging" the evidence shall be borne by the store owner.

Q5: Can the compensation agreement signed by the store still be revised?

If the amount is clearly disproportionate to the actual loss or there is a major misunderstanding, the party may request to revoke the agreement; and if the subsequent new treatment fees are not explicitly waived in the agreement, the party may still claim them separately.

This article is written based on the common judicial interpretation in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the necessary evidence, to avoid missing the statutory time limits. →Personal injury legal services·Beijing Henglue 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. If a dispute arises, please consult a practicing lawyer in time.