Traditional Culture Encyclopedia - Hotel franchise - Several people drink together, and one person dies. Are other accompanying personnel responsible?
Several people drink together, and one person dies. Are other accompanying personnel responsible?
The law does not explicitly stipulate the circumstances of drinking to death. In judicial practice, for such disputes, the court will make a judgment according to the first paragraph of Article 6 of the Tort Liability Law, which stipulates that "an actor who damages the civil rights and interests of others due to his fault shall bear tort liability".
Because drinking and drunkenness will lead to the decline of natural persons' cognitive ability and control ability to varying degrees, which will put them at a disadvantage, the organizers and participants of the wine bureau have the legal obligation to take care of and pay attention to the safety of drunkards. If the safety obligation is not fulfilled, there is a legal fault.
Related cases:
Born in 20 17 65438+ 10/5, 1990, Deng invited Li and others to eat and drink in the canteen after work. After returning to the dormitory after dinner, Deng felt that he had not drunk enough, so he asked Li, Lu and others to go to the bar to drink. At 1 o the next morning, I saw Deng sleepy. Everyone thought he was drunk, so I asked Li to take him to the hotel to rest.
At 2 o'clock in the morning, Li found that Deng was not breathing, and quickly called 120 to call the police. When the doctor arrived, he confirmed that Deng had died. After autopsy, Deng died of alcoholism.
After the trial, the court held that Deng was an adult with full capacity for civil conduct and should know that excessive drinking may have adverse consequences for his health, but he still drank a lot and eventually died of alcoholism, which should bear most of the responsibility.
The defendants who participated in drinking twice failed to fulfill their obligation to remind and dissuade Deng, and should bear corresponding liability for compensation according to their respective faults. The defendant Li has been with Deng and found that Deng was in a drunken state and was not sent to the hospital for treatment in time. Failing to fulfill the duty of care, compensate the plaintiff for the loss of 1.5 million yuan.
The remaining four fellow drinkers each compensated the plaintiff for 6000 yuan. Defendant Luo, as a bar worker, drank with Deng during work, and there was a causal relationship between his toasting behavior and Deng's death, and he compensated the plaintiff for 6000 yuan.
As a service industry, the defendant's hotel failed to fulfill its full security and duty of care. When Deng and the defendant Li checked into the hotel, they only went through Li's check-in procedures. Without registering Deng's identity information, Deng, who was already drunk, was allowed to check in and compensated the plaintiff for 6.5438+0 million yuan.
Extended data:
In the dispute of personal injury compensation caused by drinking, the person who drinks at the same table will bear the corresponding responsibility. But if you do the following four things, the drinker will not be responsible:
1, don't force vomiting-inducing toasts, no matter what occasion, situation or physical condition of the other party;
2. Persuade the other party not to drink or the other party wants to drink voluntarily, knowing that the other party has a disease or the other party has clearly indicated that he is unwell. It is necessary to discourage drinking less and fulfill the obligation of reminding and caring;
3. Safely transport drunken people. For drunkards, sober drinkers should foresee that drunkards have lost or are about to lose control, and there will be danger if no one takes care of them. Therefore, sober drinkers should deliver drunken people safely to avoid taking responsibility;
4. Stop drunk driving in time. For drunken people who want to drive away, others should discourage them from driving. If you don't discourage it, you may bear corresponding responsibilities. However, if the dissuasion obligation has been fulfilled and the other party does not listen to dissuasion, the drinker can be exempted from responsibility.
China Traffic Online-If someone drinks to death together, should the deskmate bear joint responsibility?
People's Network-Everyone is responsible for drinking to death.
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