Red Law Case ｜ The man died after drinking, and his family claimed more than 800,000 yuan from 8 people at the same table. The court sentenced him!
relatives and friends
enjoy a happy get-together
Push the cup for a change.
Drink too much and die.
How to do it?
Pay for it
Case review
On January 27, 2022, Zhang contacted 9 people including A, B and C to have dinner at the hotel in the evening. That night, Zhang brought three bottles of white wine and bought a case of beer from the hotel. During the meal, two people left first. In the case of drunkenness, Party A and Party B toasted each other and advised them to drink until about ten o’clock in the evening. After the dinner, B was sent to the health center. A was sent home by his younger brother C. Later, C found that A was in a wrong situation and immediately sent him to the hospital for emergency treatment. A died after being rescued by the hospital on January 29th, 2022. The causes of death were acute alcoholism, respiratory and cardiac arrest, acute respiratory and circulatory failure, acute pulmonary edema and aspiration pneumonia. A’s parents and two children, as plaintiffs, sued eight people at the same table at the dinner that night and demanded compensation of more than 800,000 yuan.
Court hearing
The court held that it is understandable to drink together at dinner, but participants should not drink too much, toast and persuade, and they also have the obligation to persuade, remind and take care of each other. As a person with full capacity for civil conduct, A should have a sense of self-protection. He should know his physical condition and the risks brought by drinking. However, he allowed this risk to exist and drank a lot at dinner, which was a great fault for his death.
Defendant Zhang, as the organizer of this dinner, has a certain duty of safety care for the diners. Compared with other drinkers, he should dissuade them in time after discovering that A is drunk, and pay more attention to the abnormal performance of A after the dinner.
Defendant B, as a co-drinker, still toasted and advised each other when A was already drunk, which promoted the excessive drinking of A and should bear more liability for compensation than other drinkers.
Although defendant C didn’t drink alcohol on the wine table, he knew that A’s situation was wrong during the escort, but he didn’t send him to the hospital in time, so he should bear the responsibility.
The two people who left first didn’t know A before. Although they participated in the dinner, they didn’t drink alcohol, and when they left the dinner first, A didn’t have any abnormal situation, so they didn’t bear the liability for compensation.
The other four people failed to fulfill the obligation of persuasion, reminder and care when they were drinking wine, which led to the defendant B taking intravenous drip after drunkenness, and as a result, A died, and should be liable for the death of alcoholism after drinking alcohol.
To sum up, after comprehensively considering the faults of all parties, the court of first instance decided that Party A should bear 74% of the responsibility, while Defendant Zhang should bear 10%, Defendant B should bear 8%, Defendant C should bear 2% and the other four should bear 1.5% respectively. The plaintiff gave up the responsibility for C, so the court ruled that defendant B compensated plaintiff 91,683.58 yuan, and defendant Zhang compensated plaintiff 114,604.47 yuan. The other four people compensated the plaintiff 17,190.67 yuan respectively.
After the defendant Zhang refused to accept the appeal, the court of second instance presided over the mediation, and finally reached a mediation agreement with relatives of A voluntarily.
Judge’s statement
Under what circumstances should table drinkers bear legal responsibility?
In the banquet, if something goes wrong with drinking, there are four behaviors that the drinker at the same table should bear legal responsibility:
1, compulsive persuasion, such as "don’t drink enough friends" and other language to stimulate the other side to drink, or in the case that the other side is drunk and unconscious and has no self-control, still persuade them to drink.
2, knowing that the other party can’t drink, still advise him to drink, for example, knowing the other party’s physical condition, still advise him to drink and induce diseases.
3. Failing to escort the drunken person safely. If the drinker has lost or is about to lose control over himself, and is unconscious and unable to control his behavior, the drinker fails to send him to the hospital or send him home safely.
4, drunk driving did not discourage the car accident and other damage.
Law link
Civil Code of People’s Republic of China (PRC)
[Article 165th] If the actor infringes upon the civil rights and interests of others through his fault and causes damage, he shall bear the tort liability.
[Article 179] Anyone who infringes upon another person and causes personal injury shall pay compensation for medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospital food subsidies and other reasonable expenses for treatment and rehabilitation, as well as the income reduced due to absenteeism. If it causes disability, it shall also compensate for the cost of assistive devices and disability compensation; If death is caused, funeral expenses and death compensation shall also be paid.
[Article 181] If the infringer dies, his near relatives have the right to request the infringer to bear tort liability. If the infringed person is an organization and the organization is divided or merged, the organization that inherits the rights has the right to request the infringer to bear the tort liability.
If the infringer dies, the person who paid the reasonable expenses such as medical expenses and funeral expenses of the infringer has the right to claim compensation from the infringer, unless the infringer has paid the expenses.
Judge’s prompt
Every drinker
Are the first responsible person for their own health.
In the process of drinking
Don’t force persuasion, excessive drinking and fighting.
Original title: "The Red Law Case | The man died after drinking, and his family claimed more than 800,000 yuan from 8 people at the same table. The court sentenced him! 》
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