Its your courtesy to invite someone to drink, but you must take good care of the dinner party attendants. Otherwise, there will be a safety accident, which is the responsibility of the banquet guests. Not long ago, there was a case in Changsha, Hunan Province, which deserves our attention.
Drunk friend jumped bridge and died
Wang Xin and Zhang Yang (both pseudonyms) have a deep friendship from childhood to adulthood. In the early morning of May 26, 2017, Wang Xin invited Zhang Yang (just discharged from hospital) and other friends to drink in a night club. After leaving at 2:00 a.m., Wang Xin and Zhang Yang took a taxi to leave. Wang Xin took the co-drivers seat and Zhang Yang took the back seat.
When the taxi arrived at the Bolong overpass in Changsha, Wang Xin asked the driver Xu to stop and punched him in the temple. Xu stopped on the bridge and called the police.
At this time, Wang and Zhang disregarded the rolling traffic on the bridge and got off one after another. After getting off, they also stopped a large truck.
During the journey, Zhang Yang jumped off the bridge, Wang Xin immediately turned over the bridge to search for it, and at the same time dialed his friend Huang Mou to ask for help. After finding Publicity under the bridge, Wang Xin sent out a Wechat friend circle dynamic: We have jumped the bridge, dare you jump?
Twenty minutes later, my good friend Huang Mou arrived at the scene and saw Wang and Zhang fall in the flowers. He asked them how they got down. Zhang Yang did not speak. Wang Xin answered, Jump down. Huang Mou dialed 120, and they were sent to the emergency department of the First Affiliated Hospital of Xiangya for treatment. However, the publicity of the ineffective rescue of death.
The deceaseds wife and daughter claim more than 930,000 yuan
Zhang Yangs wife and daughter sued Wang Xin to the Peoples Court of Kaifu District, Changsha City, asking Wang Xin to compensate for medical expenses, funeral expenses, death compensation and other losses of more than 930,000 yuan.
According to the judicial appraisal, Zhang Yang died of shock caused by high fall. The concentration of ethanol in his blood was 148.98mg/100ml, which reached the toxic blood concentration.
The court found that there were dilated cardiomyopathy with coronary artery stenosis, vitreous degeneration of spleen and kidney arterioles and hepatocyte degeneration. On the day of his death, he was discharged from Xiangya Hospital of Central South University. The court approved that the losses of the plaintiff (his publicized wife and daughter) totaled more than 830,000 yuan.
The banquet holder is responsible for 30%.
The court held that the participants in the banquet gathering should bear the duty of care to remind, take care of, protect and notify each other within the reasonable limits of common drinking. If they fail to fulfill certain duty of care and cause injury to the participants, they should bear corresponding tort liability according to law.
In this case, the fact that the defendant Wang Xin invited a group of friends, including Zhang Yang, to drink and have supper at night is clear. Although the existing evidence can not prove his suspicion of persuading and fighting for alcohol, Wang Xins assault on a taxi driver after drinking and forced him to park on a bridge with a large traffic has put Zhang Yang in a rather dangerous position.
After publicizing the serious injury caused by falling bridge, the defendant Wang Xin failed to dial 120 emergency telephone in time, which delayed the rescue time to a certain extent. The defendant, as the organizer of the banquet, failed to fulfill the corresponding security obligations and had certain faults. He should bear the corresponding civil liability for the publicized death according to law.
On the other hand, as a person with full capacity for civil conduct, he should have the consciousness and ability of self-security protection that ordinary people should possess, and foresee the risk and consequences that excessive drinking will lead to the weakening of peoples ability to distinguish and control. On the premise that the deceased was discharged from hospital only when they knew they had cardiac basic diseases, they still drank a lot until they were drunk, neglected their own safety, and had a tragedy of jumping bridge and falling down. There were also some mistakes.
Based on the facts and considering the fault degree of the two parties, the court decided that the defendant Wang Xin was liable for 30% compensation for the publicized death.
The Peoples Court of Kaifu District made a judgment of first instance: the defendant Wang Xin paid the plaintiff a total of 250271.76 yuan in compensation. The defendant Wang Xin refused to accept the judgment and appealed to the Changsha Intermediate Peoples Court. Recently, the Changsha Intermediate Peoples Court made a second judgment: rejecting the appeal and upholding the original judgment.
Forward! Remind the people around you! Drinking and enjoying is a mistake!
Three fellow drunken men killed in a traffic accident were awarded a compensation of 460,000 yuan
According to the Foshan Sanshui Court, the court recently concluded a tort liability dispute, a man died in a traffic accident after being drunk, and three alcoholic drinkers were jointly sentenced to bear the corresponding tort liability. The judgment came into force before the day before.