The man calculated 12 million 660 thousand compensation for his family members who had fallen down in the barbecue after drunkenness.

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 The man calculated 12 million 660 thousand compensation for his family members who had fallen down in the barbecue after drunkenness.


As a result, you fell down stairs.

Because of serious injury, he was killed after rescue.

The families of the deceased believed that the barbecue shop failed to fulfill their obligations of safety and security.

Shall be liable for compensation.

So the prosecution of the barbecue shop to the court.

Claim for compensation of 2 million yuan...

Man dies after drinking to barbecue shop

At 9:00 p.m. on February 2, 2014, Mr. Song and his friends came to a barbecue shop in Zhongshan District after being drunk (about half a kilo of liquor). Mr. Song fell down the stairs from the first floor to the ground floor, causing severe skull injury.

After the incident, Mr. Song was sent to the hospital by his friends. Because of his serious injury, Mr. Song died on February 7, 2014.

The family members of Mr. Song believed that the barbecue shop did not fulfill its duty of security and should be liable for compensation. They sued the barbecue shop and its operators to the court for more than 12.66 million yuan in medical expenses, funeral expenses, death compensation and the living expenses of the dependants. The family members of the deceased claimed that the defendant should compensate 2 million yuan.

The court of first instance concluded that the barbecue shop was not responsible.

The Court of First Instance holds that Article 6, paragraph 1, of the Interpretation of the Supreme Peoples Court on Several Questions of Law Applicable to Personal Damage Compensation Cases stipulates thatnatural persons, legal persons and other organizations engaged in business activities such as accommodation, catering, entertainment or other social activities have not fulfilled their obligations of security within a reasonable limit. The peoples court shall support the claim made by the obligee for compensation for personal injury suffered by another person.

At the same time, the elements of tort liability include:

There is no causal relationship among fault, damage consequence, fault and damage consequence, and tort liability can not be established without any of these three elements. In this case, Mr. Song died because he fell down the stairs to a severe skull injury. For stairs from the first floor to the ground floor, the plaintiff had no evidence to prove that the stairs were unsafe or did not meet the national standards. The barbecue shop provided photographs to prove that the stairs were well lit and equipped with safety handrails. Normally, if the handrails go downstairs in turn, there will be no danger, the barbecue shop has done within reasonable limits of the security obligations, so the plaintiff claims that the barbecue shop has committed a wrong act and did not fulfill the obligation of security is not tenable; at the same time, Mr. Song in the state of drunkenness (about half a catty of liquor) down the stairs, not to perform. There is no causal relationship between Mr. Songs death and the barbecue shop, and the consequences of the damage should be borne by himself.

The barbecue shop is morally willing to pay Mr. Songs family an appropriate financial compensation of 30,000 yuan. The court considers that there is nothing wrong with it and should grant it permission.

The court of first instance ruled that the second defendant paid Mr. Songs family compensation of $30,000; rejected other claims of Mr. Songs family; the case was accepted at a fee of $22800, borne by Mr. Songs family.

The second instance dismissed the appeal and upheld the original judgment.

After the court sentenced, Mr. Songs family refused to accept the appeal.

The family members of the deceased believed that the height, width and inclination of the stairs of the barbecue did not meet the relevant standards, and that the stairs of the barbecue did not meet the national standards in terms of skid resistance. There was no evidence that Mr. Song fell down the stairs when he was drunk. The degree of identification. Barbecue stores argue that there is no evidence to prove that the stairs of the barbecue are dangerous. Barbecue stores have handrails on both sides of the stairs and have fulfilled their duty of safety precaution. Even the elderly and children, including those who drink too much, can not fall down when walking by the handrails. The barbecue stores have fulfilled their duty of safety protection within a reasonable range. There is no causal relationship between the result of the death and the barbecue shop. As for the voluntary payment of $30,000, the main consideration is that Mr. Song has two minor children. It is entirely moral and does not mean that the barbecue shop is at fault. Recently, the Dalian Intermediate Peoples Court finally decided to reject the appeal and uphold the original judgment; the case of second instance costs 22800 yuan, borne by Mr. Songs family. Source: Peninsula Morning Post editor: Qiao Jing _NN6607

The family members of the deceased believed that the height, width and inclination of the stairs of the barbecue did not meet the relevant standards, and that the stairs of the barbecue did not meet the national standards in terms of skid resistance. There was no evidence that Mr. Song fell down the stairs when he was drunk. The degree of identification.

Barbecue stores argue that there is no evidence to prove that the stairs of the barbecue are dangerous. Barbecue stores have handrails on both sides of the stairs and have fulfilled their duty of safety precaution. Even the elderly and children, including those who drink too much, can not fall down when walking by the handrails. The barbecue stores have fulfilled their duty of safety protection within a reasonable range. There is no causal relationship between the result of the death and the barbecue shop. As for the voluntary payment of $30,000, the main consideration is that Mr. Song has two minor children. It is entirely moral and does not mean that the barbecue shop is at fault.

Recently, the Dalian Intermediate Peoples Court finally decided to reject the appeal and uphold the original judgment; the case of second instance costs 22800 yuan, borne by Mr. Songs family.