Compulsive persuasion, such as stimulating the other party to drink with words such as “not drinking is not enough friends”, or persuading the other party to drink when the other party is drunk and has no self-control
.
In a specific case, the party organization and participants’ duty of care to their drunken companions should be comprehensively evaluated according to the drinking status at that time, the state of their companions after drinking, and the conditions of the rest place after drinking
.
04
.
Later, Bai left the hotel alone and drowned when passing by a lake
.
● get rid of the romantic female boss: as long as you have deep skills in bed, your official position can be promoted step by step ● late at night, the leaders chat about female colleagues: “I can’t forget you…” all frying pans ● 26 year old deputy office, 28 year old Zheng office, 33 year old deputy office, why can she do it? More wonderful recommendations, please pay attention to us @ @ click long press scan to pay attention to copyright note: This article is only for exchange and learning, copyright belongs to the original author, if the source label error or infringe on your rights and interests, please let us know, we will immediately delete..
.
And preventing drunk driving can also avoid the occurrence of harmful behaviors
.
Therefore, the other three diners in the hotel did not violate the duty of care in this case
.
For the consequences of accidental death after drinking at a party, the organizers and participants should bear the liability of tort compensation only when they have the fault related to the consequences
.
Bai had a dinner and drink one night, and after that, his friends sent him to the hospital Leave behind the hotel
.
01
.
However, the degree of the duty of care is limited to the ordinary attention of ordinary people, that is, it should be within the foreseeable range of ordinary people
.
Did the defendant fulfill the duty of care? The court held that there was no evidence to show that during the dinner and singing period, the nine diners at the same table had the behavior of persuading and pouring wine to Bai, and four of them had left before the end of the dinner and singing
.
▶ So under what circumstances will they be held responsible? If there are four kinds of drinking accidents in the banquet, the co drinkers should bear the legal responsibility
.
It can be seen from the monitoring that he left the hotel with a stable pace and was still talking on his mobile phone while walking, which can also prove that Bai was not drunk at that time and moved freely
.
Finally, Xiaobian would like to ask you to do one thing
.
After trial, the court of first instance ruled that all claims of the plaintiff were rejected
.
Li and his wife, the organizer of the dinner, sent 4 people including Bai to the hotel for accommodation
.
▶ The judge pointed out: 01
.
If the duty of care is not fulfilled, the organization and participants are at fault
.
Because wechat has modified the push rules, there is no frequent message or click “watching”, and you will not receive the push slowly! If you still want to see our push every day, please add the legal empire as a star or click “watching” at the bottom of the page after each time, please! More wonderful reading ● female senior official diary revealed: “as long as the thigh fork is open, the promotion will be fast!” After becoming a leading secretary, female leaders, female presidents, female colleagues, female classmates, and loli’s sister come in droves..
.
Afterwards, the plaintiff appealed
.
It is not as long as we drink together and have an accident that we have to bear the responsibility
.
The drunk is not escorted safely
.
Therefore, Li and his wife have done their duty of care
.
If the drinker has lost or is about to lose the ability to control himself or herself, and is unconscious and unable to control his or her behavior, the drinker does not send him or her to the hospital or home safely
.
If someone drinks too much or gets drunk in the process of drinking together, other organizations and participants have the duty of care to protect the drunk from harm
.
After drinking, six people such as Bai walked to the hotel, which showed that Bai acted normally and was not drunk at this time
.
02
.
They didn’t leave until they got the room card and sent it to the back of the elevator
.
Let’s take a look at this exception
.
Article 6 of the tort liability law of the people’s Republic of China stipulates: “if the actor infringes upon the civil rights and interests of others due to his fault, he shall bear the tort liability.” Party drinking among friends is a kind and normal social interaction
.
02
.
To sum up, none of the nine defendants violated the duty of care
.
In recent years, legal disputes caused by joint drinking leading to casualties are common, which also let more friends know: do not force others to push the cup to change the cup, but..
.
Xiamen intermediate people’s Court upheld the original judgment in the second instance
.
03
.
The direct cause of Bai’s death was drowning, which happened after he left the hotel by himself, and his behavior of leaving the hotel was unexpected
.
When you know that the other party can’t drink, you still persuade him to drink, for example, when you know the other party’s physical condition, you still persuade him to drink to induce diseases, etc
.
03
.
It can be seen from the surveillance video that Bai was in a normal state of mind when he went through the check-in procedure, and did not show any signs of drunkenness
.
If drunk driving is not dissuaded, resulting in traffic accidents and other damages, we should try our best to dissuade, so as to avoid criminal responsibility
.
Party drinking is a kind of friendly behavior in social life, which belongs to social free space, so legal intervention should be cautious
.
His family believed that the nine people who had dinner together with Bai did not fulfill their duty of care and care and should be responsible for Bai’s death, so they filed a lawsuit to the court
.
