Traditional Culture Encyclopedia - Hotel franchise - A man sent his drinking buddy home after drinking and found a prostitute suddenly dead in the hotel. What was the court's verdict after the family sued?
A man sent his drinking buddy home after drinking and found a prostitute suddenly dead in the hotel. What was the court's verdict after the family sued?
So, in order to thank Lu, the Zheng couple specially hosted a banquet for Lu to eat and drink. In order to accompany Lu, Zheng also specially called one of his friends, and several people drank * * * until late at night, and * * * drank two bottles. After a while, Zheng's friend left alone.
Lu rode Zheng's motorcycle to send Zheng and his wife home. He couldn't hold back his inner impulse and went to a guest house to ask the boss to find himself a lost girl. After a gentle moment, Lumou fell asleep. At about 3: 00 in the morning, Lumou felt uncomfortable and called his sister to take him to the hospital, but her sister shirked it on the grounds of taking the children.
The next day, 1 1, the owner of the hostel called Lumou out of the door and found that Lumou had died unfortunately. After identification, the sudden death of heart disease in the land system was mainly induced by excessive drinking. Afterwards, Lu's family thought that the fellow drinker had not fulfilled his security obligations, so he took the fellow drinker to court and demanded compensation.
It's really unexpected. People are dying. Lu, who helps others during the day, has an accident at night. Although whoring is illegal, it does not constitute a crime after all. What a pity that Lu died unfortunately! Then, from a legal point of view, who should be responsible for Lu's death?
After the family sued, the court first sentenced the guest house involved. In this case, according to the situation at the time of the incident, Lu was conscious after being drunk and had the ability to act independently. He died because of drinking, not because the hotel failed to fulfill its security obligations.
Although the guest house involved did not truthfully register Lu's identity information, it was at fault, but it could be punished by administrative punishment, and it could not be determined that the guest house was responsible for Lu's death. To sum up, personally, the guest house involved should be rectified immediately, but it will not be liable for compensation. However, in this case, the guest house and Lu's family reached a compensation agreement privately and voluntarily compensated Lu's family for 67,000 yuan, so they did not become the defendant in this case.
Followed by drinkers. As far as this case is concerned, the reason why Lu's family brought the same drinker to court is very simple, that is, the cause of Lu's death was caused by excessive drinking. Lu's family believed that the same drinker and Lu shared drinking, but they failed to fulfill their duty of care afterwards and should bear the responsibility. There is no doubt that this view has some truth, but in fact, this case is different from the previous behavior of persuading alcohol.
Although the Lu family claimed that their fellow drinkers had persuaded them to drink too much, they did not provide corresponding evidence, which led to unclear facts. Secondly, although the fellow drinker has the behavior of drinking with Lu, it is debatable whether this pioneering behavior will put Lu in danger. Judging from the facts of the investigation, Lu was able to send Zheng and his wife home and arrive at the hotel by motorcycle, which proved that he had not lost his due capacity and was not in a state of drunkenness and coma.
Third, although there is a causal relationship between drinking and Lu's death, there are obvious intervening factors in this case, that is, the fact that Lu suffers from heart disease and cannot drink too much. As an adult, Lu is still free to drink alcohol even though he knows that he can't, and he should be responsible for his own death.
In the end, the court held that fellow drinkers should not be held responsible, but considering that Lu was a free help, according to the actual situation, Zheng and his wife were awarded compensation of 10000 yuan, and another drinker was awarded compensation of 5,000 yuan. Finally, a typical drinking dispute case reminds readers that drinking must be done according to one's ability, and don't make fun of one's health.
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