The Spring Festival holiday is a happy moment for family reunions, and the dinner tables of each family are filled with laughter and laughter, and everyone talks about wine, or sighs about the past, or looks forward to the future. This article reviews the legal issues that need to be paid attention to after drinking, and reminds you to drink in moderation and spend a happy and happy reunion with your family and friends!
Excessive alcohol consumption
Co-drinkers who fail to fulfill their duty of reasonable care shall be held responsible
Xiaoyu and Xiaofeng are a couple. One day, Xiao Feng organized a party to thank relatives and friends. During the banquet, Xiao Feng took out multiple bottles of high-grade liquor, and Xiaoyu took the initiative to drink a few glasses, and soon said that he was "drunk", but did not show obvious physical discomfort. Xiao Feng and his relatives and friends carried Xiao Yu back to the room, and then went back to the house several times to check the situation, but failed to find that Xiao Yu was in a coma. On the second day, Xiaofeng went out to work, and when he came home, he found that Xiaoyu was still lying on the bed in the same position, his face was pale, his hands and feet were cold, and after being sent to the hospital, Xiaoyu died after being rescued, and was identified as death by ethanol poisoning. Xiaoyu's family sued Xiaofeng and his relatives and friends to the court, demanding that the defendant jointly and severally compensate for the death compensation, funeral expenses and other losses caused by Xiaoyu's death.
After trial, the court held that Xiao Feng and the other drinkers did not forcibly persuade Xiaoyu to drink or force him to drink alcohol, and other relatives and friends took care of and checked Xiaoyu after she was drunk, and fulfilled their reasonable duty of care, so the relatives and friends were not responsible for Xiaoyu's death. However, Xiao Feng, as a co-drinker who has an intimate relationship with Xiao Yu, has a higher duty of care than other relatives and friends, and Xiao Feng left home to let Xiao Yu, who was drunk and sleepy, be left unattended, missed the treatment, and was at fault for Xiao Yu's death. However, Xiaoyu is a person with full capacity for civil conduct, and should be mainly responsible for his drinking behavior and consequences, and the court finally ruled that Xiaofeng should bear 15% of the compensation liability.
[Judge's Statement].
Tort liability refers to the legal consequences that a civil subject should bear for committing a tortious act. Paragraph 1 of Article 1165 of the Civil Code stipulates that if the actor infringes on the civil rights and interests of others and causes damage due to his fault, he shall bear tort liability. The general tort liability has the following four elements: the tort, the harmful consequences, the causal relationship between the tort and the harmful consequences, and the subjective fault of the actor, which includes both intentional and negligent situations. In this case, Xiao Feng and Xiao Yu were in a couple relationship, and the two lived together, and they had a higher duty of care and rescue for the drunk Xiao Yu than the other people who drank with them, and Xiao Feng did not take full care of Xiao Yu, resulting in Xiao Yu being left unattended for a long time after being drunk, and finally died of ethanol poisoning, and there was a certain causal relationship between Xiao Yu's death and Xiao Feng's neglect. Xiao Feng slept in the same bed with Xiao Yu, and did not rescue and check in time after Xiao Yu fell asleep for a long time, which should be considered to be negligent. Therefore, Xiao Feng should bear some responsibility for the occurrence of the accident.
If the drunk person is compelled to drink or fails to receive reasonable care from others, the alcoholic drinker and the co-drinker who fails to fulfill the obligation of rescue should bear the corresponding responsibility, so please fully respect the willingness and ability of others to drink when drinking.
Drunk driving caused a car accident
Those who condone drunk driving are held responsible
Lao Gao and Xiao Yang are a partnership, one day Xiao Yang drove to a certain place to negotiate business, invited Lao Gao to accompany him by car, and after the business was negotiated, the two drove to a local restaurant to celebrate, and drank a bottle of liquor during the banquet. After the meal, Xiao Yang drove Lao Gao home, and collided with trees on the side of the road on the way, causing Xiao Yang to be injured, the vehicle damaged, and the trees damaged. Xiao Yang was revoked by the traffic detachment and was not allowed to re-obtain a motor vehicle driver's license for five years, and was also sentenced to two months of detention for the crime of dangerous driving. After evaluation, Xiao Yang constituted a second-degree disability. Xiao Yang believed that Lao Gao should be held responsible for the occurrence of the accident, so he sued the court and demanded that Lao Gao compensate him for his medical expenses, disability compensation and other losses.
After trial, the court held that drunk driving was an illegal act, and the drinker had a legal obligation to dissuade drunk driving a motor vehicle, and Lao Gao not only did not dissuade Xiao Yang from driving a motor vehicle while he was drunk, but also hitchhihired home, which was an indulgence of drunk driving, and he should bear the liability for compensation for the losses arising therefrom. However, Xiao Yang, as a person with full capacity for civil conduct, should have foreseen the danger of driving a motor vehicle under the influence of alcohol, and he should bear the main responsibility for the accident if he failed to fulfill his duty of care for his own safety. In the end, the court determined that Lao Gao should bear 10% of the liability.
[Judge's Statement].
Drunk driving is an offense, and no one is allowed to condone the occurrence of drunk driving. Those who drive a motor vehicle under the influence of alcohol shall have their motor vehicle driver's license suspended for six months and shall be fined more than 1,000 yuan, and the driver shall be investigated for criminal responsibility in accordance with the law, and shall not be allowed to re-obtain a motor vehicle driver's license for life. As a co-drinker or party organizer, if you know that the party leader is driving a vehicle, you should not persuade her to drink, and if you do so, you should take the necessary care and care to the driver. Even if the act of persuading the drunk is not carried out, the co-drinker still has a reasonable duty of care and care for the drunk companion, and if the companion intends to drink and drive, the co-drinker has the legal obligation to stop it, and if he does not dissuade him, he or she shall bear the corresponding legal responsibility.
In this case, Lao Gao not only failed to dissuade Xiao Yang's drunk driving, but also took a drunk driving vehicle and caused a car accident, violating the corresponding statutory obligations, constituting a laissez-faire connivance of drunk driving, and should bear the resulting losses. As a person with full capacity for civil conduct, Xiao Yang should bear responsibility for his own actions, and he should bear the main responsibility for doing it when he knew that drunk driving was illegal, which constituted the most important cause of the car accident.
Drunk driving causes a car accident
It is mostly included in the insurance exclusion clause
Xiao Fei likes to party with friends and drink on weekdays. One day, Xiao Fei and Xiao Wu, the driver of Blue Sky Company, attended a party together, and after drinking, Xiao Fei proposed to drive the Blue Sky Company vehicle back home, Xiao Wu dissuaded him, but Xiao Fei insisted that he had a good amount of alcohol, was not drunk, and insisted on driving home. Dissuasion failed, Xiao Fei drove away the Blue Sky Company vehicle driven by Xiao Wu, and collided with Ms. Zhang on the side of the road when passing through the first entrance, causing Ms. Zhang to suffer multiple fractures, which were identified as 8 grade 8 disabilities, and Xiao Fei was sentenced to one year in prison for committing the crime of causing a traffic accident. After Ms. Zhang was discharged from the hospital, she sued Xiaofei, Lantian Company, and the insurance company that insured the vehicle with compulsory traffic insurance and commercial insurance to the court, demanding that the three defendants jointly compensate for her medical expenses, disability compensation, mental injury solatium and other expenses arising from the traffic accident.
After trial, the court held that Xiao Fei was fully responsible for the accident due to drunk driving, and the insurance company should first bear the liability for compensation for Ms. Zhang's personal injury within the limit of the compulsory traffic insurance, and had the right to recover compensation from the tortfeasor within the scope of compensation. At the same time, since drunk driving is a serious offense, the insurance clause submitted by the insurance company has been bold and blackened in the exclusion clause, so the insurance company does not need to bear the liability for compensation within the scope of commercial third-party insurance. Although Blue Sky claimed that the keys were forcibly snatched away by Xiao Fei, it failed to provide relevant evidence and should have been at fault for the occurrence of the damage, so it was comprehensively determined that Xiao Fei was liable for 80% of the compensation and Blue Sky Company was liable for 20%. The court finally ruled that the insurance company should compensate Ms. Zhang more than 80,000 yuan within the insurance limit, Xiaofei compensated Ms. Zhang more than 20 yuan, and Lantian Company compensated Ms. Zhang more than 60,000 yuan.
After the case came into effect, the insurance company filed a lawsuit with the court on the grounds of a dispute over the right of subrogation, demanding that Xiaofei pay the above-mentioned compensation of more than 80,000 yuan to the insurance company, and then the court ruled that Xiaofei should pay 80% of the compensation to the insurance company more than 60,000 yuan according to the proportion of liability confirmed in the judgment.
[Judge's Statement].
Article 15 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases of Compensation for Damages in Road Traffic Accidents stipulates that in any of the following circumstances, if a third party is injured or injured, the people's court shall support the request of the insurance company to compensate the insurance company within the liability limit of the compulsory traffic insurance: (2) The ,...... of a traffic accident caused by driving a motor vehicle after being drunk, taking psychotropic drugs controlled by the state or taking *** productsWhere the insurance company claims the right of recovery from the infringer within the scope of compensation, the people's court shall support it. Paragraph 22 of the Regulations on Compulsory Insurance of Motor Vehicle Traffic Accident Liability stipulates that in any of the following circumstances, the insurance company shall pay the rescue expenses within the limit of the compulsory insurance liability for motor vehicle traffic accident liability, and shall have the right to recover compensation from the victim: (1) the driver has not obtained driving qualifications or is intoxicated ,......In any of the circumstances listed in the preceding paragraph, if a road traffic accident occurs, the insurance company shall not be liable for compensation for the property damage caused to the victim.
Since drunk driving is a serious offense, the commercial insurance contract of a motor vehicle generally includes drunk driving in the exemption clause. Therefore, if the infringer causes personal or property losses due to drunk driving, the advance payment and compensation borne by the insurance company can be recovered from the infringer, and the infringer shall be responsible for his own actions. For the safety of yourself and the public, please strictly abide by the law, do not drink while driving, and do not drive while drinking, so as to ensure safe travel.
The characters in the article are pseudonyms) (*on the Internet)**Beijing Haidian Court.