Takeaway eaten vomiting, consumers can not only from the producer to claim compensation for damages, but also from the operator to claim compensation for damages. The producer and the operator cannot shirk their responsibilities for the quality of the takeaway. If it is determined that the producer is responsible for the infringement, the operator can pay the consumer first and then recover the damages from the producer. Article 1165 of the Civil Code stipulates that a perpetrator who infringes upon the human rights and interests of others through fault and causes damage shall be liable for the infringement of such rights and interests. If the perpetrator is presumed to be at fault in accordance with the law and cannot prove that he or she is not at fault, he or she shall be held liable for tort. Article 116 A perpetrator who causes damage to the human rights and interests of others, regardless of whether the perpetrator is at fault or not, shall bear tort liability in accordance with the provisions of the law.