New Year’s day, these 4 kinds of circumstances may want to bear legal responsibility on wine table, do not improper return a responsibility!
Every feast must be wine, every wine must persuade, every advice must be fierce “I dry, you do what you want” “Why not drink?Do you despise me?How many times have you heard that exhortation?Drinking alcohol itself is not good, but urging alcohol may bear legal liability: the behavior of urging alcohol to bear legal liability 1.Compulsive exhortation, such as “don’t drink not enough friends” and other language to stimulate the other party to drink, or in the other party has drunk consciousness is not clear without self-control, still persuade the behavior of drinking.2. Persuade the other party to drink alcohol even though they know the other party can’t drink. For example, they still persuade the other party to drink alcohol to induce diseases even though they know the other party’s physical condition.3. Failure to safely escort the drinker if the drinker has lost or is about to lose the ability to control himself or herself and is too confused to control his or her behavior, the drinker does not take him or her to the hospital or safely return him or her to his or her home.4. Drunk driving not dissuaded cause traffic accidents and other damage knowing that the drinker drunk driving and drinking friends did not dissuade.In fact, it is not uncommon for all participants to be awarded damages due to drinking accidents. True case 1.Lin and Wu were friends.One day a year ago, Lin was drinking in Wu’s home.At that time night already deep, Wu mou calls about friend fang mou to pick up him and Lin mou.Subsequently, Lin several people travel by car, when the trip through a cliff road, Lin accidentally slipped off the cliff when convenient fell into the water, drowning.After the incident, Lin family asked Wu and Fang mou to assume the death compensation, a total of more than 100 million yuan.After the second instance of Urumqi Intermediate People’s Court, under the mediation of the judge, Fang and Wu reconciled with the family of the deceased and jointly paid compensation of 60,000 yuan to the family of the deceased.The People’s Court in The Midong District of Urumqi introduced a compensation case caused by drunk death.According to the investigation, a vocational training school principal Chen mou set dinner in a hotel, banquet Zhou mou, Meng Mou and other 8 people.Zhou was too drunk to wake up, the next morning, Zhou was found dead from alcohol poisoning.Zhou’s family then sued the training school and the seven people who attended the dinner for more than 110,000 yuan in compensation for Zhou’s death and funeral expenses.The court heard that Zhou, as an adult, was mainly responsible for the alcohol poisoning death and should bear 70 percent of the compensation liability.Chen, who organizes the dinner, bears 20% of the responsibility, and the other 6 participants jointly bear the remaining 10% of the responsibility, and compensate Zhou for more than 35,000 yuan of expenses.An old man’s 80th birthday party was held by both the host and the guest. The old man’s three sons invited their relatives and friends to celebrate their birthday, but the happy event turned into a tragedy.A 49-year-old man died shortly after 3pm after drinking too much alcohol during the midday banquet.After several parties’ negotiation, a consensus has been reached that the 80-year-old’s three sons will pay 100,000 yuan each, and those who persuade him to drink will pay 20,000 yuan, a total of 320,000 yuan compensation for the deceased.One night, someone called Mr. A to go to A restaurant for dinner.In the course of the meal, Mr. A suddenly went wrong, the whole person into A blur of consciousness.Hospital diagnosis found that Mr. A mainly suffered from hypertensive cerebral hemorrhage and some complications.For a long time, Luo was almost in a vegetative state.After nearly two years of treatment, he gradually recovered.Mr. A’s wife learned that everyone at the dinner party had been drinking.She believed that her husband was also caused by drinking, so she sued the woman who invited her husband to dinner that night and the man who eventually paid the bill together.The plaintiff’s wife sought compensation of more than 300,000 yuan from the dinner invitation and the final bill payer.5. Classmate dies after dinner!27 people were all sentenced to bear responsibility on the evening of February 20, 2020, Zhang attended the annual junior high school classmate party, because the atmosphere is lively, he drank more liquor, at 20 o ‘clock that day, he drove home alone, at 21:14 o ‘clock, a car accident, Zhang died on the same day after rescue.After the public security traffic police department investigation, Zhang root is drunk driving, take full responsibility for the accident.However, in this case, A total of 28 people, including Zhang And Shen, dined together, six of whom sat at the same table with Zhang. When Zhang was seriously drunk, the dinnermen allowed him to leave alone, and there was some fault for the accident due to emotion and reason.Comprehensive consideration, zhang root of the cause of death, and the degree of fault of the dining together, the final court discretion judgment defendant Shen and other six dining together, each bear 5250 yuan of compensation liability, the rest of the 21 dining together, each bear 3150 yuan of compensation liability.The shaoxing Intermediate Court judge said that when the drinker is in a dangerous state of intoxication, other drinkers have a certain duty of care.This obligation is not only a moral obligation, but also a legal one.Put down the shot glass and now for health science, drink less!Don’t vomiting-inducing toasts!Sources: Guizhou Micro law popularization, Guangzhou Law popularization, Hubei Health, Xiaoxiang Morning Post, People’s Daily Micro-blog