Eight alcoholic friends who died drunk at the mens party were sentenced to 120,000 damages for failing to persuade them to drink

 Eight alcoholic friends who died drunk at the mens party were sentenced to 120,000 damages for failing to persuade them to drink

Recently, Yunnan Anning Court heard a case of drunken death. At the dinner table, there was no phenomenon of persuasion. Drinkers turned themselves upside down, resulting in ineffective rescue deaths. The Court of Peace rendered a judgment that everyone who drinks at the same table is liable.

The trial judge said that in this case, although eight defendants did not persuade, press and pour alcohol, they did not fulfill their duty to take good care of him. Even when Zhang was drunk, they still took him to KTV to continue singing, which resulted in the harmful consequences of Xiao Zhangs death due to his failure to get proper treatment after drinking. Therefore, the defendants should bear the responsibility.

The man was invited to a friends family party and drank too much.

Xiao Zhang, 33, is a tranquil man. On October 28, 2017, at the invitation of his friend Xiaoma, he went to a hotpot restaurant in a shopping mall in Taiping Street of Anning City to have dinner. Xiaozhang arrived at a restaurant and recognized the hotpot as a throwing hotpot. Originally, Xiao Zhang was invited to attend the ponys family reunion.

As a guest pony, he also prepared good liquor with great care and brought it to the restaurant with a large Coke bottle filled with liquor. Xiao Zhang, Xiao Ma and other nine people threw open their arms and dried up the hot pot. During the meal, the hot pot was thrown away happily and the wine was not lost. They were all drinkers, but none of them advised or choked. The hot pot was a pleasant shake.

After shaking off the hot pot, and in the second half, Ma suggested going to the nearby KTV and then hey. But Xiao Zhang was drunk when he flipped the hot pot, so Xiao Ma and others took turns to carry Xiao Zhang to KTV to sing. By KTV, Xiao Zhang had been drunk unconscious, naturally no one advised Xiao Zhang to drink any more, and the other drinks were good enough to drink.

Invalid rescue of drunken people and death leading to lawsuits

After staying in KTV for a while, Xiao Zhang was so uncomfortable that he began to vomit and became ill.

Seeing the dangerous situation of Xiao Zhang, the people present sent Xiao Zhang to the hospital for treatment. Unexpectedly, Xiao Zhang died of ineffective rescue in the hospital.

Xiao Zhang died of drunkenness. In order to find out the cause of Xiao Zhangs death, Xiao Zhangs family entrusted a judicial appraisal agency. On January 29, 2018, Yunnan Dingfeng Judicial Appraisal Center issued the results of the Judicial Appraisal Opinion: Zhang was examined for death of central respiratory and circulatory disorders caused by ethanol poisoning.

Xiao Zhangs father quit. He asked eight people, such as Xiao Ma, who was throwing hot pot and drinking together that day, for a comment. So, Daddy Zhang took Xiaoma and other eight people to court together and asked eight defendants to compensate for various economic losses totalling 1216021 yuan.

Court finding

The defendant is liable for failing to take good care of himself

The court of tranquility considered that according to the provisions of the Tort Liability Law, the case belongs to the tort liability of multiple causes and one result, which is small, according to the stipulation that if two or more persons carry out the tort separately and cause the same damage, and can determine the size of the liability, they shall bear the corresponding liability respectively; if it is difficult to determine the size of the liability, they shall bear the liability of compensation equally. Zhangs death is due to the death of central respiratory and circulatory disorders caused by alcohol intoxication after excessive drinking. As an adult, Xiao Zhang should control his own behavior. Video monitoring shows that during meals, there is no forced drinking such as persuasion and drinking. Xiao Zhang drinks on the table. Autonomous behavior.

Therefore, the Court of Peace held that Xiao Zhang should bear most of the responsibility for the loss caused by his death, that is, 70% of the responsibility.

The Court of Peace held that Xiao Zhang was invited by Xiao Ma to attend the family reunion of Xiao Mas family on the afternoon of the incident. During the meal, Xiao Zhang and Xiao Ma all drank. Video surveillance shows that Xiao Zhang was already drunk at meals, but after the 8 defendants finished their meals, they carried Xiao Zhang back to KTV and then gathered together. As eight defendants who had eaten and drank together, although there were no cases of forced drinking such as persuasion and drinking, eight defendants had found Xiao Zhang was drunk. In order to continue the party, Xiao Zhang will be back to KTV to continue to sing, eventually leading to Xiao Zhangs failure to get proper treatment after drinking, resulting in the consequences of death.

Therefore, the Court of Peace decided that Xiao Zhang was responsible for 70% of his drinking death. Xiao Ma, as the person who brought Xiao Zhang to the party, should take more care of Xiao Zhang. Therefore, Xiao Ma should take 10% responsibility and the other seven defendants should take 20% responsibility. That is to say, the inviter Xiaoma compensated Daddy Zhang for 40729.95 yuan, while the other seven defendants jointly compensated for 81459.9 yuan.

(function () {(window. slotbydup = window. slotbydup | []). push ({id:6374560, container:ssp_6374560, size:300,250, display:inlay-fix, async: true});} (); source of this article: responsible editor of Chuncheng Evening News: Wang Ning_NB12468