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When a man dies after drinking and whoring, his family will take the drinker to court. Should the drinker be responsible?
Event sorting: the man helped to paste wallpaper, and the man helped his friends and wife to paste wallpaper in the sudden death. After work, friends and couples took the man to a restaurant for dinner as a reward, and invited another friend during the period, and the four of them had a meal together. During the dinner, three men drank two bottles of white wine.
After dinner, I asked my friends to leave by themselves. Friends and couples had men riding motorcycles and delivered them safely to their homes. Then the man found himself a guest house to stay in. When this is over, there will be no subsequent tragedy.
As the saying goes, "food and clothing are easy to care about, and it is difficult to fill the gap." When a man couldn't sleep after staying in a hostel, he asked his boss to help him contact his missing daughter. Near 4 o'clock in the morning, the man called his sister and told her that his heart was uncomfortable and he wanted her to accompany him to the hospital. My sister couldn't get away because she had to look after the children, so the man missed the best treatment time.
The next day was check-out time. When the boss saw that the man had not come out of the room, he went to the room and knocked at the door. There was no movement in the room. When the boss opened the door, he found that the man had no vital signs. After discovering this situation, the boss called the police at the first time.
The family sued the drinker, and the court's second-instance judgment was consistent. The drinker doesn't have to take responsibility for the death of the man in the guest house, and the boss can't escape. After forensic identification, the man died of acute attack of coronary heart disease. It will induce such an emergency, which is related to drinking before death. After consultation, the guest house owner compensated the man's family for 67,000 yuan; The table drinker thinks that he has no responsibility and does not need to compensate the family of the deceased.
In order to get justice for the man, the family members took the same table drinker to court and asked the other party to bear the corresponding responsibility. Family members think that the drinker at the same table has not fulfilled the obligation of reminding and discouraging; Failure to fulfill the obligation of safe escort after drinking led to the death of family members. The three people should bear joint and several liability and compensate for the death of their families.
After trial, the court ruled that the three drinkers at the same table were not responsible. Adults have full capacity for civil conduct and should have sufficient knowledge of their drinking ability and control ability. In addition, after a dinner for four people, the man was conscious and did not show drunkenness.
It can be seen from the man's call for help to his sister that the man was very conscious until his body was abnormal, and drinking did not lead him to control his behavior. Based on these facts, it is judged that the three drinkers at the same table are not liable for compensation.
The family refused to accept the judgment of the first instance and appealed to the intermediate court. After hearing the case, the Intermediate People's Court held that the judgment of the court of first instance was reasonable and the applicable legal provisions were correct. The judgment upheld the original judgment of the first instance and rejected the family's claim.
In this case, three people who drink at the same table are not responsible. A large part of the reason is that after drinking, there is no drunken unconsciousness. Hotel owners and hotel surveillance video materials have confirmed this. Although the three drinkers at the same table were not responsible for the man's death, it still had a far-reaching impact on them.
In daily life, you must stick to moderate drinking with people. During drinking, don't discourage drinking, be brave. Make sure everyone goes home safely after drinking, avoid accidents, ruin friendship and get themselves into lawsuits. If a man is drunk and an accident occurs due to drunkenness, the drinking buddy at the same table needs to bear the corresponding responsibility for the man's accident.
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