When consumers eat spoiled takeaway food, merchants need to bear the corresponding liability for compensation. According to the provisions of the "Consumer Rights and Interests Protection of the People's Republic of China", consumers enjoy the right to safety when purchasing food, and if there is a quality problem in the food, consumers have the right to ask the merchant to bear the corresponding liability for compensation.
First of all, consumers should keep evidence in a timely manner, including takeaway orders, food**, hospital diagnosis certificates, etc., in order to prove their rights and interests. The consumer can then negotiate a settlement with the merchant and request the merchant to provide corresponding compensation. If the merchant refuses to negotiate or the negotiation fails, the consumer can file a complaint with the local consumer association or the relevant regulatory authority.
In terms of compensation, merchants need to compensate in accordance with the provisions of the "Consumer Rights and Interests Protection of the People's Republic of China" and in accordance with the requirements of consumers, such as returns, exchanges, repairs, redo, price reductions, contract termination, and compensation for losses. Among them, the amount of compensation for losses can be calculated according to three times the price paid by the consumer for the purchase of food, and if the amount of compensation is less than 1,000 yuan, it shall be calculated according to 1,000 yuan.
In addition, if the merchant intentionally sells spoiled food, then the merchant needs to bear not only the above-mentioned liability for compensation, but also the corresponding legal liability. If the merchant's actions constitute a crime, then the merchant will be held criminally liable.
In short, when consumers eat spoiled takeaway food, merchants need to bear the corresponding liability for compensation. Consumers should keep evidence in a timely manner and ask the merchant to provide corresponding compensation. If the merchant refuses to negotiate or the negotiation fails, the consumer can file a complaint with the local consumer association or the relevant regulatory authority.