ABSTRACT

During the evening of 10 August 1998, Shi Fawu (hereinafter SF) was invited by his landlord, Ni Weiqing, to the latter’s home for a drink. A bottle of beer on the ground suddenly exploded and hurt his right leg. He was immediately sent to Xin Chang Hospital at Nanhui County for the wound to be cleaned and stitched. On 17 August 1998, when SF went back to have the stitches removed, the wound burst and bled seriously. He entered Xin Chang Hospital again for treatment until 31 August 1998. The total cost of treatment was RMB 3,500.70. In September 1998, SF wrote to the Shanghai Donghai Beer Limited Company (hereinafter DB), demanding a resolution. However, DB refused to compensate SF because there was no clear explanation for the accident. In November 1998, SF complained to the Consumers’ Association at Nanhui County, Shanghai. In the same month, SF entrusted the Shanghai City Glass Product Quality Supervision and Inspection Station with the task of appraising the exploded beer bottle. The appraisal fee was RMB 200. Since the exploded beer bottle was broken into numerous pieces that were impossible to collect, its original condition could not be recovered. As a result, it was impossible to ascertain the reason for the explosion. In April 1999, the Consumers’ Association notified SF by letter of the termination of mediation.