Classmate dinner, crazy drinking caused 1 sudden death, several people alcoholism
4 of the same drinkers were "not discouraged" and shared 10% responsibilities
3 years ago, a graduate student at a university in Guangxi, Ding and his classmates. When a drunken binge, the Dingmou fall to the ground, the final death. The remaining 4 students all showed symptoms of alcoholism in varying degrees. Who should be responsible for Ding's death? Ding's family to Ding and a table of 4 students drinking claims 72 yuan. According to the field monitoring showed that the day of drinking, 4 students do not exist to the situation, they should not be responsible for the Ding's death?
Recently, Nanning City People's court XIXIANGTANG district judge, 4 people with drink to bear 10% of the responsibility for the death of Ding Ding, compensation for the families of 7 yuan. The court's reasoning is that 4 people who drink together do not have the necessary advice to dissuade Ding from binge drinking and fail to pay attention to his obligations.
Classmate dinner brewing tragedy
One person died suddenly, 2 people were poisoned
Time goes back to September 15, 2014. At noon that day, just arrived in Guangxi a University MBA professional class graduate Ding and Chen, 4 students to meet, XiXiangTang Sau Ling Road a delicacy shop for dinner. During the meal, 5 people drank 23 bottles of iced beer and a bottle of white wine. About 1 hours after eating, Chen, Ding, because drank too much, lying on the table sleep.
At 4:36 that afternoon, woke up Ding suddenly stood up and leave, but soon collapses. Gourmet Shop Attendant quickly call 120, after the delivery to the nearby hospital, Ding died due to rescue. The 4 students who drank together also showed different degrees of headache, dizziness, vomiting and other symptoms. After all the patients were hospitalized, two people were diagnosed with acute severe alcoholism.
After the event, the Nanning Municipal Center for Disease Control and prevention issued a survey report that Ding's sudden death may be related to drinking.
The same people drinking no forced Quanjiu
This is not the blame
This is the joy of reunion, but sorrow, Dingmou 4 classmate Lee, Gengmou, Chen Kang, the mind is also very sad. Who should be responsible for the sudden death of Ding?
Ding's family believes that it is 4 people with drink without restraint each other to build a small Quanjiu, sudden death; a delicacy shop has appeared uncomfortable situations in Dingmou uncontrolled drinking and, instead of stopping and warning to prevent damage, it also let the customer is the cause of a large number of drinking, the sudden death of the ding. Ding family and delicacy shop owner a white, Lee and other 4 students together to court, asking them to bear 80% of the liability, compensation 72 yuan.
Last May 18th, the case was heard in public in XiXiangTang District court.
On the court, Lee and other 4 students argue that the meal, they are not Quanjiu behavior from first to last, are Zizhenziyin, how much control by myself. Ding as a person with full capacity for civil conduct, should be most understanding of their physical health, he has been non-stop drinking, and ultimately cause death, should bear full responsibility for the consequences of their casualties. Ding symptoms appear, they are the largest of the duty to rescue, to take care of obligations, should bear responsibility for this purpose.
Not discouraged, less drink4 people compensation more than 7 yuan
The court held that Ding as a full civil capacity, should be aware that excessive alcohol consumption may have adverse consequences on the behavior and physical health, but excessive drinking caused the death of a drunken, there is a major fault, it shall bear the primary responsibility for their own behavior.
Lee, Gengmou, Chen Kang, as involved in drinking, should make the necessary judgments in line with common sense on the same drink liquor Dingmou and affordability, and give necessary discourage 4 people failed to fulfill its duty of care, there are some mistakes, should Dingmou death bear some civil liability the.
According to the video site to reflect, Lee and other 4 people in and Dingmou drinking together in the process, there is no forced Quanjiu situation, considering the factors of both the degree of fault, the court determined to undertake 10% Gengmou, Lee, Chen, Ding Kang to death loss compensation, a total of to pay 74 thousand yuan Ding family. A delicacy store in Ding drunk unconscious, the waiter to actively carry out rescue and call 120, have done to a reasonable limit within the scope of the security obligations, the boss does not bear responsibility for the white one. The decision has now entered into force.