In case of food poisoning in a restaurant, different compensation will be made according to different situations:

1. If only one or two people have food poisoning while dining together, and the food quality is fine, the claim will be treated as a disease;

2. When food poisoning meets the compensation conditions for major diseases, the insurance company will treat it as a serious disease;

3. Several people who have dined together have food poisoning, and there is evidence to prove that there are problems in food quality. Insurance companies can treat claims as accidental injuries, etc. In accordance with regulations, if personal, property or other damages are caused, they shall be liable for compensation according to law. When the property of producers and operators is insufficient to bear civil liability and pay fines and penalties at the same time, they shall bear civil liability first.

Legal basis: Article 148 of the Food Safety Law of the People's Republic of China

If a consumer suffers from food that does not meet the food safety standards, he may demand compensation from the operator or the producer. Producers and business operators who receive consumer compensation claims shall implement the first responsibility system, pay first, and shall not shirk; If it is the producer's responsibility, the operator has the right to recover from the producer after compensation; If it is the responsibility of the operator, the producer has the right to recover from the operator after compensation.

if a consumer produces food that does not meet the food safety standards or manages food that he knows does not meet the food safety standards, in addition to claiming damages, he can also claim compensation of ten times the price or three times the loss from the producer or operator; If the amount of additional compensation is less than 1,111 yuan, it will be 1,111 yuan. However, there are defects in the labels and instructions of food that do not affect food safety and will not mislead consumers.