In recent years, with the improvement of people's living standards and the increase of social activities, gatherings between friends have become very frequent. However, after the party, sometimes some unexpected events happen, the most tragic of which is the tragic death of someone. So, when such a situation happens, who should bear the responsibility?
First of all, let's be clear: in most cases, gatherings between friends are done out of good intentions and friendship, and according to common sense, drinking alcohol in moderation may not be harmful to the body, but drinking a lot of alcohol is very likely to cause damage to the health of the drinker.
However, legally, if someone causes the death of another person due to improper behavior at the party, then the perpetrator may be subject to certain legal liability. Specifically, in the course of inviting guests to dinner, if one party vigorously or maliciously persuades him to drink, it shall be determined that he is subjectively at fault, and his or her behavior constitutes a general tort, and he shall be liable for tort damages in accordance with the law.
At the same time, the so-called "duty of care of a good manager" refers to the concept that a person with considerable knowledge, experience and sincerity should exercise due diligence in the transaction. The issue of drunken care should be analyzed on a case-by-case basis: either it constitutes a general tort and bears the corresponding liability for tort damages, or the principle of fairness is applied, and the perpetrator shall make appropriate compensation to the victim or his close relatives. For example, He was in a bad mood and invited his friend Nong to drink, and Nong drove a vehicle into a tree and died after drinking. Although He had a duty of care after Nong had a drink (he had a duty to dissuade Nong from drunk driving). Since He did not vigorously persuade him to drink, he should at least bear the responsibility of appropriate compensation.
Another example: Nong went home after drinking and had an argument with others in the community, scolding each other, causing Nong to die of a heart attack, then Nong's death had nothing to do with He, because he intervened in others, and cut off the causal relationship. According to the provisions of the Civil Code, a general tort needs to constitute four elements at the same time: 1. the act of the actor causes; 2. The actor's conduct caused the result to occur; 3. There is a causal relationship between the perpetrator's conduct and the victim's death; 4. The perpetrator is subjectively at fault. In the above case, the abnormal behavior of others was involved, resulting in Nong's death, because there was no causal relationship between death and drinking. Therefore, He is not liable.
In short, a gathering of friends is a pleasant social activity, and we should try to avoid the occurrence of accidents caused by the act of trying to persuade alcohol. In gatherings, we should pay attention to safety and health issues, abide by laws and regulations and social morality, and ensure the safety and health of ourselves and others.