The man Ou is a person who likes to make friends, and his optimistic and cheerful personality makes the people around him like to associate with him. In life, he is often invited to various parties and banquets, and everyone likes to invite him when they are drinking, and enjoy the happy time of eating, drinking and having fun together. Ou knows that drinking alcohol is a very dangerous thing, although he likes to make friends very much, he is still very cautious about the restrictions on his drinking. In order to avoid embarrassment or gaffes after drinking, whenever he eats with friends, Ou will self-restrain himself and control the amount of alcohol he drinks, so as not to lose his temper after drinking.
Ou and his colleague Xi went to another colleague's house for dinner after work. During the meal, the three of them drank some small wine. After eating, when Ou was chatting with his colleagues, he received a ** from his friend Zhu. Zhu said he was coming to him. After Zhu arrived, Ou and Xi decided to leave their colleague's house with Zhu, and the three of them went to a nearby restaurant for a drink. Considering that he had already drunk some wine at his colleague's house, Ou chose to refuse Zhu's invitation. He said to Zhu: "I have already drunk a lot in the dinner just now, so I will go first today, and next time I will be Dong, I will accompany you well." However, Zhu did not accept Ou's refusal, and he insisted on taking Ou and Xi to a nearby restaurant to drink.
In the face of Zhu's insistence, Ou and Xi reluctantly agreed. They went to a small restaurant nearby, sat down and ordered three dishes and two beers. After the food and wine were served, the three of them chatted while drinking. Ou and Xi also thought that two bottles of beer should be fine, and did not refuse again. However, just when everyone felt that everything was very pleasant, Zhu took out a bottle of liquor in a pound hidden in the trunk of the motorcycle. So, Zhu and Ou drank the bottle of liquor together, while Xi only drank a bottle of beer.
After being full of wine and food, Zhu rode home on a motorcycle, while Ou and Xi returned on their respective electric vehicles. However, to everyone's surprise, Zhu accidentally fell into a ditch on the side of the road on the way home, resulting in serious injuries to his skull and right hand, and the cost of ** alone cost 120,000 yuan.
After the accident, Zhu heard that the person at the table needed to bear the liability for compensation because of the accident caused by drinking, so he asked Ou and Xi, who drank together, to compensate 50,000 yuan for medical expenses. Ou was very angry when he learned of this request, because it was obviously Zhu who insisted on pulling him and Xi to drink, and now that something happened, he asked them to compensate for the medical expenses, which was too much.
Ou felt that he should not bear this expense, so he and Xi rejected Zhu's claim together. After Zhu's claim was rejected, he decided to sue Ou and Xi to the court, asking the court to order them to compensate 50,000 yuan for medical expenses each.
Aunt Ai's point of view:
1.Zhu needs to pay medical expenses after being injured, which is a regular practice in reality. Although Ou stated in advance that he drank too much and did not want to drink again, in fact, he finally accepted Zhu's invitation and continued to drink. In this case, Ou has a certain responsibility to share the medical expenses with Zhu.
2.At social events, it is the responsibility of all participants to ensure that the amount of alcohol and emotions are controlled. Although Ou expressed his willingness not to drink, he finally agreed to Zhu's request. He should bear some responsibility for his inability to refuse to drink and cause the accident.
Grandma Qian's point of view:
1.Ou had already stated that he didn't want to drink anymore, but Zhu insisted on pulling Ou to drink, and drank too much. Zhu's behavior was obviously to force Ou to drink, and he did not take into account Ou's wishes and health. Ou should not pay for Zhu's fault.
2.According to common sense, Zhu should be responsible for his own alcohol consumption and safety. If he knew he couldn't control the amount of alcohol he had, he shouldn't have ridden home on his motorcycle. Zhu's injuries in the accident had nothing to do with Ou's drinking, so Ou should not be required to compensate for medical expenses.
Legal Opinions:1According to Article 144 of the Road Traffic Safety Law of the People's Republic of China, a person who drives a motor vehicle after drinking alcohol shall have his motor vehicle driver's license temporarily suspended and revoked, and may also be sentenced to short-term detention and a fine.
2.According to Article 43 of the Tort Liability Law of the People's Republic of China, a person who causes injury to another person due to drinking alcohol shall bear civil liability and compensate for losses in accordance with law.
3.According to Article 81 of the Road Traffic Safety Law of the People's Republic of China, if a person drives a motor vehicle after drinking alcohol and thus causes a traffic accident, in addition to pursuing criminal responsibility in accordance with the Criminal Law, the road traffic safety offender shall bear the main responsibility.