Court: The three failed to fulfill the duty of reasonable relief.
The corresponding liability shall be borne according to the degree of fault.
After hearing, the court held that the parties should bear the corresponding liability for compensation according to the degree of their fault. In the specific setting of a gathering of several people, the organizer of the party and the co-drinkers have a duty of care to ensure that the other co-drinkers are in a safe state.
Wang Qi should know that excessive alcohol consumption can cause physical damage, and in severe cases, it can lead to alcohol poisoning or other diseases, resulting in death. Regardless of whether Wang Qi persuaded her to drink or not, she did not effectively stop Xiaoqiu's excessive drinking, nor did she fulfill her obligation to provide reasonable assistance, resulting in accidental death, and she should bear 6% of the compensation liability and compensation of more than 50,000 yuan.
Xu Tian and Chen Duo, as the people who dined together, although they did not participate in drinking, but when Xiaoqiu drank excessively, vomited after being drunk, and could not take care of himself, they still had the legal obligation to send Xiaoqiu to the hospital for treatment in a timely manner, and they did not fulfill their reasonable rescue obligations, and they were at fault, and they both bear 3% of the compensation liability, and they are more than 20,000 yuan respectively.
Judge: Moderate drinkers.
Friendly and supportive among co-drinkers.
Drinkers should do what they can, have the highest duty of care for their own life safety, and uphold the principle of "moderate drinking" within the scope of their own alcohol consumption and physical condition. Alcoholism is refreshing for a while, and relatives are in tears.
Co-drinkers shall be friendly and mutually helpful to each other, and when it is discovered that co-drinkers have drunk excessively, they should be promptly reminded and effectively discouraged, and obligations such as helping, caring, and escorting the drunk should be fulfilled, and when the drunk person is obviously unwell, he should be promptly sent to the hospital for medical treatment.
Links to legal provisions. Civil Code of the People's Republic of China
Article 1172.
Where two or more persons separately commit tortious acts and cause the same harm, and the extent of responsibility can be determined, they shall each bear corresponding responsibility;Where it is difficult to determine the size of the responsibility, the responsibility is to be borne equally.
Article 1173.
Where the infringed party is at fault for the occurrence or expansion of the same damage, the infringer's liability may be reduced.
Article 1179.
Those who infringe upon others and cause personal injuries shall be compensated for reasonable expenses such as medical expenses, nursing expenses, transportation expenses, nutrition expenses, and hospital meal subsidies, as well as the loss of income due to lost work. If the disability is caused, compensation shall also be made for assistive devices and disability compensation;If death is caused, funeral expenses and death compensation shall also be compensated.
*: CCTV Today's Statement, Nanchang High-tech Industrial Development Zone People's Court.
Edited by Jiang Bo Du Haifeng Reviewed by Tu Xiaofeng.