Hurt by love and depressed.
I want to have a few drinks with my friends to relieve my worries.
As a result, he did not stop the car and died of excessive drinking.
Friends at the same table sat in the dock.
The worry-free party became the Last Supper.
Accompany her best friend to drink to drown her sorrows, causing tragedy.
All three people at the same table were taken to court.
On the evening of May 21, 2023, Xiaoqiu (pseudonym) in Nanchang, Jiangxi Province, was depressed because of emotional sadness, so she went to the home of her friend Wang Qi (pseudonym) on her own, and decided to get together with her friends Wang Qi, Xu Tian (pseudonym) and Chen Duo (pseudonym), hoping to relieve her sadness by having dinner with friends.
During the dinner, alcohol became a tool for them to release their emotions, Xiaoqiu drank about a pound of liquor, and Wang Qi drank about half a pound of liquor. Xu Tian and Chen Duo also participated in the dinner together, but the two did not drink.
After the dinner, the drunk Xiaoqiu went to the car to rest, and Xu Tian took care of her in the car. However, when Xu Tian woke up in the car at around five o'clock in the morning, she found that Xiaoqiu was no longer breathing. Shocked, Xu Tian hurriedly dialed the first aid**.
Unfortunately, at 6:20 a.m. on May 22, the Nanchang Emergency Center announced that Xiaoqiu had died after rescue efforts, and the cause of death was cardiac respiratory arrest caused by alcohol poisoning.
Xiaoqiu's parents found it difficult to accept the fact of their daughter's death for a while, and they believed that Wang Qi, as the organizer and participant of the dinner party, and as their daughter's friends, should bear some responsibility for Xiaoqiu's death. On June 6, 2023, the parents of the deceased Xiaoqiu sued Wang Qi, Xu Tian and Chen Duo, who participated in the dinner together, to the People's Court of Nanchang High-tech Zone, Jiangxi Province, demanding that the three bear the responsibility for compensation.
Court: If the three failed to fulfill the obligation of reasonable assistance, they should bear the corresponding liability for compensation 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 co-diners, although they did not participate in drinking, but when Xiaoqiu drank excessively, vomited after being drunk, and could not take care of herself, 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 bore 3% of the compensation liability, and each compensated more than 20,000 yuan.
Judge: Drinkers in moderation, and co-drinkers are friendly and supportive.
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 harm, 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 the cost of assistive devices and disability compensation;If death is caused, funeral expenses and death compensation shall also be compensated.
Original title: "Heartbreak!".The woman drank a pound of liquor after falling out of love and unfortunately died, and the three girlfriends at the same table all became defendants, how did the court sentence?》
China Law Popularization Comprehensive "CCTV Today's Statement" WeChat***Nanchang High-tech Industrial Development Zone People's Court.
*: China News Service.