Does "wine enthusiast" take responsibility? The court ruled that he died the next day after drinking and dining together

The man died under the influence of alcohol!

Should "wine enthusiasts" be compensated?

Recently, Xiamen Haicang Court

Published a case like this

After 5 people had a meal and drank, 1 person died unexpectedly the next day

Let's take a look together and see how the court ruled!

Tragedy:

Dinner and drinking together the next day

The man died of suffocation due to ineffective rescue efforts

On a night in December 2022, Ah Hua, Xiao Zhi, and their girlfriend Xiao Fang gathered for dinner. Ah Hua invited Xiao Zhi and Xiao Fang to drink and have a late night snack. Ah Hua and Xiao Zhi drank five bottles of beer together. Later, Archie joined the liquor company. Hua and Archie each drank a bottle of Baijiu. Xiao Zhi drank a glass of Baijiu. Subsequently, Xiaojun also joined the drinking party. During this period, neither Xiaofang nor Xiaojun drank alcohol. In addition, Xiaojun repeatedly advised Ahua not to drink too much alcohol.

At around 1am the next day, after the end of the drinking party, Aqi asked Xiaozhi and Xiaofang to leave first, citing that their residence was far away. He said that he and Xiaojun would take Ahua back to the apartment to rest. Later, Archie and Xiaojun found two other people to help carry Ahua back to the apartment. During this period, Archie was unable to continue carrying Ahua upstairs due to vomiting from drinking alcohol. Therefore, Xiaojun and two other people worked together to escort Ahua to the door of the room. Later, Xiaojun dragged Ahua to the bedside floor of the room, helped him tidy up his clothes, covered him with a blanket, and left.

Around 9am

Xiaojun went to observe the situation of Ahua

Found it still lying on the ground sleeping

And there is a snoring sound

Around 3:40 pm in the afternoon

After Xiaojun discovered that Ah Hua's condition was different

Contact 120 and implement rescue according to their instructions

Sent to the hospital for rescue

Ahua died on the same day after unsuccessful hospital rescue efforts

That evening

Police station issues police feedback

Suffering from suffocation and death due to vomiting of the Ahua series

Excluding criminal cases for accidental death

The bureau did not conduct an autopsy on Ahua's body

Controversy focus:

Four drinkers, should we take responsibility?

The focus of the dispute in this case is:

The behavior of the four defendants

Is there any fault for Ahua's death

And the relationship between this behavior and the outcome of the damage

Is there a causal relationship

Regarding this

After trial, the Haicang Court held that:

Ahua drank alcohol on the evening of December 17, 2022 and died the following afternoon. After diagnosis by the hospital, it was diagnosed as sudden death and sudden respiratory and cardiac arrest. Due to the lack of autopsy, the specific cause of death is unclear, and the causal relationship between co drinking behavior and death outcomes cannot be determined.

Xiaozhi and Ahua made an appointment, which is a normal social interaction. The evidence in the case also does not show that Xiaozhi, Xiaofang, Aqi, and Xiaojun, as co drinkers, engaged in forced persuasion or joint drinking behavior. Aqi and Xiaojun also sent Ahua back to their rental house after drinking, and these four individuals have assumed the duty of care that general co drinkers should take after drinking.

In summary, as a person with full capacity for civil conduct, Ah Hua has received years of education and often drinks alcohol on a daily basis. He should have understood the dangers that excessive drinking and mixing of alcoholic beverages may cause, but he did not actively control his alcohol tolerance. Ah Hua's behavior is a voluntary risk, and any damage caused by this behavior should be borne by him according to law.

The court believes that although the plaintiff's loss of their beloved son is regrettable, the trial of the case should still be based on facts and laws. The four defendants have properly fulfilled the safety precautions that ordinary drinkers should have on the day of the incident. The actions of the four defendants have no legal causal relationship with the death of Ah Hua, and they should not be liable for compensation for infringement damages in accordance with the law.

therefore

The plaintiff in this case, Ah Hua's parents

His litigation claim has no factual or legal basis

Haicang Court makes a first instance judgment

Reject all claims of the two plaintiffs

The case has gone through two trials

Finally, the second instance court

Maintain the above first instance judgment result

Judge's reminder:

Drinkers are concerned about their own life safety

Bear the highest duty of care

The judge said that in today's society, gathering and drinking with friends is a normal social interaction. However, when drinking together, individuals with full capacity for civil conduct should have sufficient knowledge of their own alcohol tolerance and also be aware of the consequences of excessive drinking. Therefore, if alcohol consumption causes injury or death, the drinker should bear all or the main responsibility themselves. And drinkers at the same table should also fulfill their obligations to remind, dissuade, notify, assist, take care of, escort and other safety precautions. If a friend is knowingly unable to drink and forcibly persuades them to drink, resulting in casualties, the persuader should also bear corresponding legal responsibilities.

Therefore, the judge reminds everyone to drink moderately and in a civilized manner. Each drinker should have the highest duty of care for their own life safety, and should also have a certain duty of care for the drinkers at the table to avoid irreparable losses to themselves and others.

Judge's statement:

Four situations require joint drinkers to take responsibility

Judge Introduction

If there is an accident while drinking alcohol

There are four situations

Joint drinkers shall bear legal responsibility

Firstly, compulsive persuasion to drink. For example, using language such as "not drinking is not enough for friends" to stimulate the other party to drink, or encouraging them to drink even when they are already drunk and lack self-control.

Secondly, even though you know the other person cannot drink alcohol, still advise them to drink. For example, even though one knows the other person's physical condition, they still advise them to drink alcohol to induce diseases.

Thirdly, the intoxicated person was not safely escorted. If the drinker has lost or is about to lose control over themselves, becomes confused and unable to control their behavior, the drinker does not take them to the hospital or safely take them home.

Fourthly, driving under the influence of alcohol without persuasion leads to accidents and other damages. We must try our best to dissuade such situations from happening, in order to avoid any behavior that violates criminal responsibility. Moreover, preventing drunk driving can also prevent the occurrence of harmful behaviors.