"Can be Li Rui son" defendant Mercury content exceeded million times after mercury poisoning

Gaomi The People's Court to check the "can Li Rui Son" cosmetics citizen Sun Lady in the nest worry, court decision production, sales both sides pay nearly 180,000 yuan recently, the residents of the public to use from a beauty salon to buy "Li Rui Son" (colier) cosmetics Six months later, there have been edema of the lower limbs, malaise and other symptoms. Negotiations failed, Ms. Sun will cosmetics manufacturer Shanghai Ai Yan Cosmetics Co., Ltd. and the seller Luan together to sue the court. After testing, Ms. Sun used cosmetics mercury content exceeded the national standard million times, resulting in mercury poisoning.　　Recently, the Gaomi People's Court in accordance with the law, as the defendant's cosmetics production, sales manufacturers jointly compensate Ms. Sun 179901 yuan. Cause cosmetic use after the general malaise reporter learned that Ms. Sun is a Gaomi Art theater actress, engaged in the cause of the performing arts she is very concerned about skin care, the purchase of cosmetics never stingy money.　　2010, Ms. Sun to Luan an operating beauty salon to buy cosmetics, in Luan recommended selected Shanghai Ai Yan Cosmetics Co., Ltd. production of "Li Rui Son" cosmetics, spend 2980 yuan to buy a set. Ms. Sun told the reporter, cosmetics bought, she has been described in accordance with the instructions to use the method.　　However, after six months of use, Ms. Sun began to feel the whole body fatigue, and then appeared the symptoms of lower extremity edema, after examination was diagnosed with subacute life mercury poisoning, toxic nephropathy. "I was particularly surprised at the time, why was it that I got a toxic kidney disease?"　　Ms. Sun said that she had not changed much in her life, and had not been exposed to mercury-containing items, except with the set of "Can-rui-er" cosmetics. Detection of mercury content exceeded million times later, Ms. Sun came to Qingdao disease Prevention and Control center, "can be Li Rui son" cosmetics in the moisturizing whitening massage Cream Ayaka Skin cream mercury content detection.　　The results showed that the mercury content in the color-rejuvenating cream was 16667mg/kg, while the Ministry of Health in 2007 issued the "Cosmetics hygiene Standard" To specify the mercury content ≤1mg/kg, "can be Li Rui son" cosmetics more than 10,000 of the mercury content of the national standard. "The cosmetics that cost nearly 3000 dollars are the culprits for my mercury poisoning?" Ms. Sun said, she was very angry, she found the seller Luan A theory, ask for compensation. In this respect, sales party Luan said she was in the hear "can be Li Rui son" cosmetics quality after signing the contract with the manufacturers, and since July 8, 2009 agent of the company's products, customers have not been purchased after using the problem.　　In addition, Luan said the product is not her production, she does not have to pay compensation.　　Consultation fails, in early 2011, Ms. Sun will distributor Luan A and the manufacturer of Shanghai Ai Yan Cosmetics Co., Ltd. together with the court, to the Gaomi People's court filed a lawsuit. It is understood that this is a special tort case, is a product defect caused by human damage infringement cases, in recent years in the Gaomi court is the first. In order for the victim to receive due compensation, the presiding judge in charge of the case did a lot of complicated inspection and investigation.Work, consulted the superior Court, carried out a serious and meticulous analysis and argumentation.　　The judgment manufacturer, the seller total indemnity nearly 180,000 court related staff told the reporter, this case controversy focus is: the plaintiff suffers from the subacute life mercury poisoning, the toxic kidney disease and the defendant product quality unqualified to have the causal relation. It was found that the products of the plaintiff purchased by the Qingdao Disease Control center in Shandong Province two times, one of the mercury content of 16667mg/kg, another mercury content of 68182mg/kg, exceeding the national standard million times even tens of thousands of times times, enough for the plaintiff's health caused damage, Moreover, the plaintiff had no obvious other history of mercury exposure before the onset of the disease, no mercury pollution in living and working environment, and the defendant cosmetic company could not prove its product quality.　　Although the defendants had doubts about the possibility of exposure to mercury products in the make-up of the plaintiff's special identity, but could not submit evidence, the plaintiff had the advantage of confirming that the plaintiff had suffered bodily damage as a result of the purchase of the cosmetics used, and that the amount of mercury in the cosmetics was greater than the state's permitted　　Recently, the Gaomi People's court rejected the seller's request to exempt the liability, the defendant manufacturer and seller jointly compensation for Ms. Sun's treatment fee, tardiness fee, spiritual comfort, such as a total of 179901 yuan, and the defendant Luan to bear the liability after the defendant to a Cosmetics Co., Ltd. has the right to recover.　　August 27, the reporter was informed that the court in the delivery of the judgement found that the cosmetics manufacturer could not be found, at present, the court is investigating. The judge product flaw causes the damage to the distributor and joint responsibility our country "tort liability Law" 43rd article stipulates: Because the product has the flaw to cause the damage, the infringed person may request the compensation to the producer, also may request the compensation to the product seller. The product defect is caused by the producer, and the seller shall be entitled to recover from the producer after compensation.　　In this case, although the seller is subjective to the plaintiff damage the result of the occurrence of no fault, but the plaintiff has the right to make compensation to manufacturers and distributors, so the court decided that the two defendants bear joint and several liability. 5 ways to remind of the preservation of evidence to protect the rights of journalists understand that, according to consumer protection laws and regulations, cosmetic infringement cases, there can be five ways to solve: consumers can choose to negotiate with the operator, private communication solution; You can choose to complain to the consumer association and ask the Consumer association to mediate　　May choose to appeal to the administrative body, or to the arbitration agreement signed by the operator, or to the court. At the same time, the Gaomi people's judges also remind the general public, through the judicial way to defend their rights and interests, all need to be provided by the consumer materials to prove, so must pay attention to the retention of relevant evidence such as bills.