Is Haidilao responsible for the customer's choking to death?

Case

A woman from Putian, Fujian Province went to Haidilao with her boyfriend to eat hot pot, but she choked because of eating hairy belly during the meal. At that time, Haidilao staff immediately gave first aid and called 121. At the same time, it also broadcasted for on-site medical staff to help, and some people came out to give first aid to the woman with Heimlich first aid, but unfortunately, the woman died unexpectedly because of ineffective rescue.

So, in this case, should Haidilao be liable for compensation?

Legal basis

Liability of the security obligor in Article 1198 of the Civil Code: Operators, managers or organizers of mass activities in hotels, shopping malls, banks, stations, airports, stadiums, entertainment places and other business places shall bear tort liability if they fail to fulfill their security obligations and cause damage to others.

Case analysis ~ Personal opinion

Whether Haidilao is responsible or not, two questions must be clarified first:

1. What is the specific cause of death of the woman?

2. Has Haidilao fulfilled its due obligations?

According to the reported situation, the official has not reached a clear conclusion on the specific cause of the death of the woman, but Haidilao's performance on this incident is generally clear. Haidilao's first aid, calling 121 and broadcasting for on-site medical staff can all show that Haidilao has fulfilled its due responsibilities.

Then, let's analyze the hypothesis first:

1. If the cause of the woman's death has nothing to do with Haidilao, such as pure choking, and Haidilao has fulfilled the necessary rescue obligations, then Haidilao does not need to bear legal responsibility.

2. If the cause of a woman's death is determined to have a certain causal relationship with Haidilao, such as food poisoning, foreign bodies in food, etc., then Haidilao needs to bear legal responsibility in this case.

3. In addition, even if it is finally determined that the cause of the woman's death has nothing to do with Haidilao, Haidilao may have to bear certain humanitarian compensation.