Do I have to pay for drinking to death?

Unfortunately, the young man died suddenly after drinking.

On the night of the incident, all the people who were drinking together were post-90 s, all young people who just graduated from college and all worked in Jimei. 2012165438+1On the evening of October 30th, after the night shift, a group of good friends wanted to have a drink to relieve their fatigue.

They decided to cook hot pot in the dormitory because they thought it was too expensive to eat in a hotel outside. So, they bought a lot of dishes together, as well as beef balls and mutton, and "cooked" together.

Originally, I just wanted to drink some wine to relieve fatigue, but when there are many people, it is difficult to control the amount of alcohol. At first, they only bought a bottle of wine. However, after three rounds of wine and five flavors of food, "drinking some wine" becomes "getting drunk".

That night, Xiao Wei and four good friends drank two bottles of 54-degree liquor and one bottle of 45-degree liquor. According to Xiao Wei's parents, Xiao Wei drank a bottle of white wine.

After drinking, Xiao Wei was so drunk that his companions Zhou Xiao, Xiao Lu and Xiao Wei slept in one room, and the other two slept in another room.

The next morning, when Kobayashi went to call Xiao Wei to work, he found Xiao Wei lying in bed, unconscious, and he was awakened by repeated shooting. Xiao Lin helped Xiao Wei turn over and found that his lips were purple and he was foaming at the mouth.

So Kobayashi quickly dialed 120, and carried Xiao Wei to the intersection to wait 120. Unfortunately, when the doctor arrived, he found Xiao Wei dead. After being sent to the hospital, he was diagnosed as "pre-hospital death, sudden death (unknown cause)".

Claiming that parents sued four drinkers.

The death of my companion surprised everyone, because no one expected that just eating a hot pot together would cause such a big disaster.

After the incident, Xiao Wei's parents learned of their son's death and came from their hometown in Hubei. Looking at Xiao Wei's grieving parents, several recent college graduates collected 16000 yuan for Xiao Wei's parents as the funeral expenses of Xiao Wei. Xiao Wei also organized employees to donate more than 40,000 yuan.

Recently, Xiao Wei's parents took four drinkers from Xiao Wei to court, demanding that they bear 40% of the fault liability and compensate them for various losses totaling more than 280,000 yuan.

Because Xiao Wei's family refused the autopsy, Xiao Wei's body was cremated at the end of last year without autopsy. Therefore, the cause of Xiao Wei's sudden death has never been ascertained. The only certainty is that he died suddenly after drinking.

Should controversial drinkers be held responsible?

Recently, the jimei district People's Court heard the case.

In court, Xiao Wei's parents said, "My drinking buddy was irresponsible and killed my son. They should pay compensation. " They believe that the four drinkers did not stop Xiao Wei from drinking heavily that night, nor did they fulfill their obligations of helping and caring for each other. They also let Xiao Wei sleep on his stomach, which led to death, and the responsibility could not be shirked.

In this regard, the four drinkers feel very wronged. They argued that they were not responsible for Xiao Wei's death, but Xiao Wei wanted to drink. Xiao Wei did not persuade others to drink, but advised others to drink himself.

The drinkers believe that Xiao Wei's parents' statement that "* * * has the obligation to help and take care of each other after drinking" has no legal basis. Among them, the defendant Xiao Lu also said: "We are old classmates and friends with him for many years, and we can't intentionally hurt him. I don't think this matter needs compensation. We each gave 4,000 yuan just to give some comfort to his parents. "

After trial, recently, the jimei district court made a judgment of first instance, and found that four drinkers had a slight fault of 10% in the death of Xiao Wei, and asked them to pay 25,870 yuan, and after deducting the16,000 yuan they had already paid, they should also pay 9,870 yuan.

At present, Xiao Wei's parents have filed an appeal, and the case is in the second instance.

The judge said: Why pay 10%?

The judge of first instance held that as an adult, Xiao Wei's love of drinking belongs to his personal freedom. Because there is no standard to follow when drinking too much, judging whether others drink too much and taking measures to stop it will inevitably infringe on others' personal rights, which is difficult to allow by law. Therefore, others have no right to interfere with Xiao Wei's freedom to drink.

Moreover, Xiao Wei was in a good state before going to bed, and his health has been very good, which was difficult for his companions to foresee. Besides, his companions have drunk a lot, so it is difficult to further observe and take care of Xiao Wei.

However, the judge also pointed out that the four defendants, as co-participants, also drank heavily. If the four of them can control their behavior and avoid drinking, it is possible to avoid Xiao Wei's drinking and Xiao Wei's death. Therefore, all four defendants were at fault for Xiao Wei's death. Because the fault is obviously minor, the judge thinks that it is more appropriate for the four defendants to bear the liability of 10%.

Drinking depends on people and timing.