Rule of law class ｜ These four situations on the wine table may bear legal responsibility. – 武汉夜生活网论坛|武汉桑拿论坛|武汉狼盟|武汉品茶网

Every banquet must be wine, every wine must be persuaded, and every persuasion must be fierce.

"I’ll do it, suit yourself."

"Why don’t you drink? Do you look down on me? "

"Can’t drink? Too lose face! "

How many times have you heard such advice?

This thing of wine

Drinking it itself is not good.

And persuade wine

But may have to bear legal responsibility:

Act of persuading wine to bear legal responsibility

1. Compulsive persuasion

For example, using language such as "don’t drink enough friends" to stimulate the other person to drink, or persuading him to drink when the other person is drunk and unconscious and has no self-control.

2. Persuade the other person to drink while knowing that he can’t drink.

For example, knowing each other’s physical condition, still persuading them to drink alcohol to induce diseases.

3. Failing to escort the drunk safely.

If the drinker has lost or is about to lose control of himself, and is unconscious and unable to control his behavior, the drinker fails to send him to the hospital or safely send him home.

4. Drunk driving does not discourage damage such as car accidents.

Knowing that the drinker was drunk and the drinker didn’t discourage him.

in fact

Have an accident because of drinking.

All participants were awarded compensation

Cases are not uncommon.

Real case

1. If you fall off a cliff after drinking, the drinker will bear the responsibility.

Lin and Wu Mou are friends. One day a year ago, Lin was drinking at Wu Mou’s house. It was already late at night, so Wu Mou called his friend Fang to pick him up and Lin. Subsequently, Lin traveled by car. When passing a cliff road, Lin accidentally slipped off the cliff and fell into the water when he got off the bus, and drowned.

After the incident, Lin’s family asked Wu Mou and Fang to bear death compensation totaling more than 100,000 yuan.

After the second trial of the court, under the mediation of the judge, Fang and Wu Mou reconciled with the family of the deceased and jointly paid 60,000 yuan in compensation to the family of the deceased.

2. If you die of drunkenness, the drinker will pay compensation.

Chen Mou, the head of a vocational training school, hosted a dinner in a hotel for eight people, including Zhou and Meng. Zhou was too drunk to wake up. The next morning, Zhou was found dead of alcoholism.

Zhou’s family then took the training school and seven people who attended the dinner party to court, demanding joint compensation for Zhou’s death compensation and funeral expenses totaling more than 110,000 yuan.

The court found that Zhou, as an adult, was mainly responsible for the death of alcoholism and should bear 70% of the liability for compensation. Chen Mou, the organizer of the dinner party, took 20% of the responsibility, and the other six participants shared the remaining 10% of the responsibility, and compensated Zhou for various expenses totaling more than 35,000 yuan.

Both the host and the guest should be responsible for the happy event turning into tragedy.

An old man held an 80th birthday party, and his three sons invited relatives and friends to celebrate his birthday. Unexpectedly, this happy event turned into a tragedy.

At the noon banquet, a 49-year-old man died at 3 o’clock in the afternoon because of excessive drinking. After several consultations, a consensus has been reached that each of the three sons of the 80-year-old birthday girl will pay 100,000 yuan, and the drinker will pay 20,000 yuan, making a total compensation of 320,000 yuan to the deceased.

4. Students die after dinner! All 27 people were found responsible.

On the evening of February 20, 2020, Zhang Mogen attended the annual junior high school reunion. Because of the lively atmosphere, he drank more white wine. At about 20 o’clock that day, he drove home alone. At about 21: 14, a car accident occurred. Zhang Mogen died on the same day after being rescued.

After investigation by the public security traffic police department, Zhang was drunk and driving, taking full responsibility for the accident. However, in this case, a total of 28 people, including Zhang Mogen and Shen Mou, dined together, and six of them sat at the same table with Zhang Mogen. When Zhang Mogen was seriously drunk, the diner let him leave alone, and there was a certain fault in the accident.

After comprehensive consideration, the cause of Zhang Mogen’s death and the degree of fault of the diners, the court finally decided that the defendant Shen and other six diners at the same table should bear the liability of compensation of 5,250 yuan each, and the remaining 21 diners should bear the liability of compensation of 3,150 yuan each.

The judge said that when the drinker is in a dangerous state of drunkenness, other drinkers have certain duty of care. This obligation is not only a moral obligation, but also a legal obligation.

Advise you to put down your small glass.

Naturally, the next step is health science popularization time.