The processing center is mainly responsible for the reason that, "Chinese people's *** and the protection of consumer rights and interests of the State" Article 11, Article 18 provides that consumers due to the purchase, use of goods or services received by the personal injury, have the right to obtain compensation in accordance with the law; the operator shall protect the personal and property safety of consumers. The supreme people's court on the trial of personal injury compensation cases on the application of the law of the interpretation of article 6, the operator has not fulfilled the obligation to ensure the safety of others suffered personal injury, shall be compensated.
From the point of view of the law, the operator has the legal obligation to protect the rights and interests of consumers, the processing site allows customers to process their own, and the processing process may be significant risks, the processing site has not fulfilled the obligation to safeguard the existence of a serious fault for the damage caused by the processing site should at least bear the main responsibility (in some cases, even should bear full responsibility, but depending on the specific circumstances).
Since there may be obstacles to recovering compensation from the processing center, it is recommended that a local attorney be appointed to provide legal assistance in order to better safeguard one's rights and interests. If the family has financial difficulties, it can apply to the legal aid center under the local justice bureau for free legal aid.
Please refer to the above comments.
Also attached are the relevant legal provisions:
The Chinese People's **** and the Protection of Consumer Rights and Interests Act
Article 11 Consumers who suffer personal or property damage from the purchase, use of goods or acceptance of services shall have the right to receive compensation in accordance with the law.
Article 18 Operators shall ensure that the goods or services they provide meet the requirements for safeguarding the safety of persons and property. For goods and services that may jeopardize the safety of persons and property, shall provide consumers with a true description and clear warning, and explain and indicate the correct use of the goods or services and the way to prevent the occurrence of harm.
The operator finds that the goods or services provided by the serious defects, even if the correct use of goods or services may still cause harm to the safety of persons and property, shall immediately report to the relevant administrative departments and inform the consumer, and take measures to prevent the occurrence of harm.
"The Supreme People's Court on the trial of personal injury compensation cases on the application of law on a number of issues of interpretation"
Article 6 of the lodging, catering, entertainment and other business activities, or other social activities of natural persons, legal persons, other organizations, failed to do their duty of safety and security within the limits of a reasonable range of personal injury caused to other people, the right to compensation for the right to request that they bear the corresponding liability, the people's court shall support. The people's court shall support."
Article 17: The person liable for compensation shall compensate the victim for the personal injury suffered, the expenses incurred for medical treatment and the reduction of income due to loss of work, including medical expenses, loss of time at work, nursing care expenses, transportation expenses, lodging expenses, hospital meal subsidies, and necessary nutritional expenses.
If the victim is disabled as a result of the injury, the person liable for compensation shall also compensate for the necessary expenses incurred by the victim to increase his/her living expenses as well as the loss of income due to the loss of the ability to work, including the disability compensation, disability aids and appliances, and the living expenses of the dependents, as well as the necessary rehabilitation fees, nursing care fees, and follow-up treatment fees incurred as a result of the rehabilitation and nursing care and the continuation of the treatment.
......
Article 18 If the victim or the close relatives of the deceased suffer mental damage, and the person entitled to compensation requests the people's court for compensation for mental damage, the Interpretation of the Supreme People's Court on Several Issues Concerning the Determination of Liability for Mental Damage in Tort shall be applied to determine the compensation.
The right to claim compensation for moral damage shall not be alienated or inherited. However, except where the person liable for compensation has already promised in writing to give monetary compensation, or the person entitled to compensation has already filed a lawsuit with the people's court.