What happened when a drunken man from Chongqing jumped into the Yangtze River and drowned?

One day in 2017, Wu Daqiang (pseudonym) entertained Xiao Yusen (pseudonym) and other four people who came to Chongqing from Guangzhou to travel and inspect the hot pot business. He invited the four people to a fishing boat near the bank of the Yangtze River that night. Renjia (pseudonym) went to a restaurant for dinner and invited seven of his classmates and friends Zheng Zhihui (pseudonym) and Fang Mingjing (pseudonym) to accompany him.

At around 8 o'clock that night, the group went to private room No. 7 of the Fishing Boat Restaurant to start eating. After Wu Daqiang solicited opinions, Xiao Yusen and four other people chose to drink liquor, while the rest chose to drink beer.

During the dinner, the dinner party members drank more than 53 bottles of beer and about 3 kilograms of liquor in one day. During the meal, everyone discovered that Xiao Yusen was taking off his shirt and preparing to swim in the Yangtze River. Everyone promptly dissuaded him and asked him to put on his clothes, and reminded him that swimming was not allowed in the Yangtze River. Xiao Yusen put on his clothes at that time.

More than an hour after the meal, Xiao Yusen went to the toilet on the balcony outside the private room. He took off his shirt and jumped into the Yangtze River from the balcony railing. Zheng Zhihui, a deskmate who was using the toilet on the balcony, heard the sound of falling into the water and saw Xiao Yusen swimming in the river. Zheng Zhenghui shouted on the spot, "Xiao Yusen jumped into the river." Others saw Xiao Yusen swimming in the middle of the river. After moving, he shouted to Xiao Yusen to swim to the river.

At the same time, everyone got off the catering boat and went to the riverside to start the rescue. Another person at the same table, Fang Mingjing, and a staff member of the fishing boat family also started to search and rescue, but to no avail. So, everyone called the police, and the public security organs dispatched police to search and rescue. Five days later, Xiao Yusen's body was found in the waters of the Yangtze River.

Extended information:

The verdict of the case

The Banan Court held that in this case, Wu Daqiang invited Xiao Yusen and other foreign friends to fulfill his friendship as a landlord. Eating is out of good intentions and is an act of friendship that enhances feelings and communication between people. The act itself is not inappropriate and does not create any legal relationship between them. During the meal, after Wu Daqiang solicited the opinions of everyone participating in the dinner, Xiao Yusen voluntarily chose to drink liquor, and the participants did not maliciously persuade Xiao Yusen to drink.

The position where Xiao Yusen entered the river was set up with a railing about 116 centimeters high. Without the control of subjective consciousness, the possibility of climbing over the guardrail and accidentally falling into the river was unlikely. Xiao Yusen's death was caused by his wrong behavior of jumping into the river for a swim from the balcony on the second floor of the restaurant boat.

As an adult with full capacity for civil conduct, Xiao Yusen should have full foresight and understanding of the dangers of jumping into the Yangtze River for swimming. He jumped from the balcony of the dining boat at around 9 p.m. while drinking. Jumping into the river to swim and drowning in the river was caused by being overconfident, ignoring the dangers of swimming in the deep and fast-flowing Yangtze River, and allowing the danger to occur. Xiao Yusen should bear the responsibility of paying attention to his alcohol consumption, physical condition, etc. There is no inevitable causal relationship between eating, drinking and swimming.

During the dinner, the participants also reminded Xiao Yusen not to swim in the Yangtze River, and they fulfilled their obligation to remind him. There is no evidence to prove that Xiao Yusen lost control after drinking. A certain person who participated in the dinner obviously did not follow common sense. Therefore, the defendants were not at fault for Xiao Yusen's behavior of voluntarily jumping from the dinner boat into the river for swimming after drinking.

After Xiao Yusen jumped into the river, Zheng Zhihui and others called for help and arranged for dinner party members to go into the water for search and rescue. They had fulfilled their reasonable rescue obligations. Xiao Yusen's parents asked the people at the dinner table to bear liability for infringement compensation. There is no factual and legal basis and they will not support it.

The Paper - Jumped into the Yangtze River and drowned after drinking alcohol