1. Negotiate the compensation issue with the merchants themselves and sign a compensation agreement after reaching a consensus;
2. If negotiation fails, you can complain to the consumer association and ask for compensation, or complain to other organizations or administrative organs for compensation;
3, directly to the people's court, requesting the court to judge the merchant to compensate for the losses.
What is the role and importance of lawyers in consumer infringement disputes?
1. Whether it constitutes infringement before litigation is the basis and key of litigation. If there is no infringement, there is no need to bear the liability for compensation, and the lawsuit is meaningless. Therefore, it is particularly important to judge whether there is infringement. The property owner should submit the proof that he is the property owner and other related materials to a professional lawyer for review. And truthfully state the evidence of causal relationship between infringement and damage consequences. On the one hand, we should consider the opinions of environmental protection administrative organs, appraisal institutions or related experts, on the other hand, we should comprehensively compare and analyze the relevant materials of the whole case, and lawyers should make comprehensive judgments based on legal knowledge and practical experience;
2. Once evidence preservation and fixed judgment constitute infringement, materials shall be sealed to prevent deletion and alteration. When sealing physical evidence, pay attention to one end and one end of the sealed bag to seal and properly keep the evidence;
3. Lawyers who participate in the mediation of infringement disputes, through their professional legal knowledge and experience in handling cases, can raise well-founded questions in the mediation of infringement disputes and refute each other, which is more likely to promote the success of mediation;
Choosing the right cause of action in litigation is the key to winning. Different types of infringement disputes, different causes of action, different burden of proof, different scope of compensation and different litigation strategies. Only when it constitutes an infringement dispute can the burden of proof be reversed and it is required to bear the burden of proof that there is no causal relationship between the damage and the infringement consequences.
To sum up, proper and reasonable proof can achieve the litigation effect. Don't give evidence indiscriminately. Never provide evidence that is not good for yourself but good for the other party. Examining the evidence of the other party belongs to cross-examination. Refute the other party's evidence profoundly and incisively, and the other party's evidence will not be effective. In the stage of court debate, we should grasp the key points, establish our own views in a well-founded and well-organized manner according to the facts, evidence and laws of the trial, and refute the other side's views.
Legal basis:
Article 40 of the Law of People's Republic of China (PRC) on the Protection of Consumer Rights and Interests
If the legitimate rights and interests of the consumer who is the target of the consumer's claim are damaged when purchasing or using the commodity, he may claim compensation from the seller. If the seller's compensation is the responsibility of the producer or other seller who provided the seller with the goods, the seller has the right to recover from the producer or other seller.
Consumers or other victims who suffer personal or property damage due to commodity defects may claim compensation from sellers or producers. If it is the responsibility of the producer, the seller has the right to recover from the producer after compensation. If it is the responsibility of the seller, the producer has the right to recover from the seller after compensation.
When consumers receive services, their legitimate rights and interests are damaged, and they can claim compensation from the service providers.