Drink dead again, family member claim for compensation 1.36 million, urge sb to drink. wants negative law responsibility!

What? Does urge sb to drink. want negative law responsibility? Right, before paragraph time appears to drink together again the dead incident. The friend dines together drink dead, family member claim for compensation 1.36 million, join personnel of meeting urge sb to drink. to assume relevant law responsibility! How be to return a responsibility after all? Follow please the law discusses a net small make up look together!

Original Beijing dines together after the evening shift below some hotel staff, in meal bureau process, deputy chef grows Mr Li drunk wine is insensible, be sent toward the hospital by the colleague, classics rescue is invalid die. Mr Li family member thinks, the colleague of Mr Li all did not notice obligation, time of rescue of incur loss through delay, reject hospital gastric lavage, have responsibility to the death of Mr Li, reason appeals to to the court.

The family member says, when Mr Li dies, there still is a daughter of 5 years old in the home, its mother deformity of 4 class eyesight, because its wife does funeral arrangement lose time much and by unit discharge. Reason appeals to to the court, 22 people compensate for requirement the accused jointly 70% of the living cost of expenses of medical treatment cost, loss of compensation of funeral expenses, death, spirit, daughter each loss charge that dies because of drinking, add up to more than yuan 1.36 million.

On November 15, in the morning 9: 30, court of Beijing rising sun makes first instance adjudicate, because reject gastric lavage,maintain, the 11 people that accompany go to a doctor have slighter responsibility with respect to Mr Li death, adjudicate 11 people bear each loss on average in all 75322 yuan.

This thing admonishs everybody:

When meet although wine can move solar term atmosphere,

But not only cannot urge sb to drink. checks excessive drinks even in time!

Want to know, once appear accident,

Everybody should assume legal responsibility.

Needing those who remind everybody is, urge sb to drink. should assume legal responsibility, so, the urge sb to drink. below what circumstance needs to assume legal responsibility?

1, everybody drank, also persuade wine fill wine each other, after the event leaves severally again.

If somebody happening accident is deadly,this kind of circumstance falls, the participator of all parties should assume compensation. When because be in,drinking, other member was not dissuaded, and the person that also do not have safety to will have an accident after the party ends remands, hold the post of its to go out to cause an accident all right alone, other member is put in fault, escape hard so responsibility.

2, everybody drinks together, do not have mutual urge sb to drink. , see wine drinks somebody much also undertook remindful in time, if produce an accident,fall in such circumstance, is responsibility in who?

Participate in the member of the party or won't be found out responsibility. But because remind the behavior of and so on in time to be taken very hard in after the event,give significant evidence, fall in such circumstance commonly so, jural still can sentence participate in personnel load a few compensation. Actually this is not the compensation that punishs a gender, is the condolatory gold that stems from humanitarian to give only, amount is average too won't big.

3, a gang friend has a meal, among them individual member attended at the beginning, midway is occupied leave, wine also had not persuaded during, if somebody produces an accident, whether should be this person that leaves ahead of schedule also carried duty?

Usually this person is not to need to carry duty. But, the cause that causes an accident has a lot of, detail also has each different, because of this very difficult treat as the same, need particular case concrete analysis.

Real case

Case one: Cliff drops to die after wine wine friend is carried duty

Lin Mou drinks in Home Wu Mou. Night is late already at that time, wu Mou calls make an appointment with friend Fang Mou to receive he and Lin Mou. Subsequently, lin Mou a few people go by the car row, when go by when road of a paragraph of cliff, lin Mou gets off slide carelessly at some convenience cliff falls into water in, drown die. After the accident, person of Home Lin Mou asks Wu Mou and Fang Mou assume dead compensation to wait add up to ten yuan.

This case moves unship in the judge, fang Mou and Wu Mou and the dead's family member reconcile, give jointly pay the dead's family member to recoup a money 60 thousand yuan.

Case 2: The person that death of man drunk wine is the same as drink is compensated for

Chen Mou of chief of school of a vocational training sets meal bureau in some restaurant, the 8 people such as fete Zhou Mou, Meng Mou. Zhou Mou deeply wine force is Bacchic do not wake, morrow morning, zhou Mou is died because of alcoholism by discovery.

Person of Home Zhou Mou grooms this subsequently the school reachs the 7 people that join meal bureau to tell a court completely, the requirement compensates for week of some death compensation, funeral expenses to wait jointly add up to more than yuan 110 thousand.

The judge thinks, what every similar case all may bring about final ruling because of the difference on a few detail is different. Drinking in caused person damages dispute, with desk the person that drink together can assume proper responsibility commonly.

But, accomplish the following at 4 o'clock, the person that be the same as banquet won't not assume responsibility commonly:

1, do not force sexual urge sb to drink.

Below circumstance of whatever circumstance, what, the other side what body state, all be not urge sb to drink. , optional good;

2, know perfectly well the other side to cannot drink

In know perfectly well body of the other side to have a disease or the other side states body unwell circumstance falls already clearly, persuade to the other side does not drink or should be drunk of one's own accord like the other side, should accomplish dissuade little drink, use up the obligation that remind and takes care of;

3, will drunk wine person safe service

To wine friendly stoned, the person that sober wine friend ought to see drunk alcoholic drink beforehand has been lost or be about to lose the control ability to oneself, put in dangerous happening below uncared-for circumstance, accordingly, sober wine is friendly ought to will drunk wine person safe service, avoid to carry duty;

4, drive to be dissuaded in time after wine

Should drive to stoned wine friend of car, someone else ought to dissuade his to must not drive, if was not added,dissuade assume corresponding responsibility likely, but if had been used up,dissuade obligation, and the other side does not listen below dissuasion circumstance, wine friend is to be able to be avoided duty.

If cannot accomplish above this at 4 o'clock, the person that be the same as drink can assume fair liability to pay compensation more or less.

The law makes up remind: No matter be below what circumstance, everybody drinks in the party when, must stop where it should stop, must not wine of fill of urge sb to drink. , if have a member malty, remand his safety as far as possible. Want everybody to be able to attend each other only, had done this business that do, reject to violate compasses act, avoid tragedy to be performed again.

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