The court ruled, and now there is a "deadly drinking scene"! Family members claim 500000 yuan from "drinking friends" Plaintiff | Zhou Ju | Court
"Throughout history, sages and sages have been lonely, but only those who drink keep their names."
"Singing and drinking, how geometric is life!"
……
To this day, some people enjoy drinking, while others drink and cause trouble. Death incidents among co drinkers caused by drinking occur from time to time. Originally a joyful gathering, it has turned into a tragedy. Do all co drinkers need to take responsibility?
Zhou Ju returned home from a dinner and drank alcohol, and died. Zhou Ju's wife and children filed a lawsuit in court, demanding that the 11 table mates who attended the dinner together bear tort liability. Recently, the Intermediate People's Court of Haikou City concluded a dispute over the right to life between the plaintiff Wan Mei and others and the defendant Wang Ren and others, and ultimately rejected Wan Mei's lawsuit request.
Zhou Ju and Wan Mei have a marital relationship. On the afternoon of March 21, 2021, Wang Ren invited Zhou Ju's family and more than 20 other villagers to have a dinner together, during which Zhou Ju and others drank together. At around 20:00 on the same day, after the dinner, Zhou Ju refused to play cards and rode an electric bike to bring his wife and children back home around 21:00.
That night, Zhou Ju fell in bed at home without any obvious cause, and he couldn't respond. His wife Wan Mei called the "120" emergency phone number, and the ambulance arrived at the scene and found that he had died. After rescue, his heart couldn't recover.
It was identified that the weekly examination of the deceased was consistent with the death of circulatory and respiratory failure caused by acute attack of coronary atherosclerotic heart disease. Common causes include trauma, arguments, emotional excitement, shock, mental tension, fatigue, increased physical activity, alcohol consumption, etc. After testing, it was found that Zhou Ju had alcohol consumption before his death, which could be a factor inducing heart disease attacks. Afterwards, Zhou Ju's wife and children sued the 11 people who drank together in court, requesting compensation of 495254 yuan for funeral expenses, death compensation, and other expenses.
In the process of the lawsuit, the plaintiff Wan Mei and others stated that Zhou Ju drank Baijiu that day, and it was unclear how much he drank. During this time, someone persuaded Zhou Ju to drink but did not make a drink. Wan Mei did not dissuade Zhou Ju from drinking; Before the gathering, both Zhou Ju and the plaintiff Wan Mei were unaware that Zhou Ju had a heart disease, and he had never been ill before. He usually ate a large amount of food and did not go to the hospital for examination and treatment due to physical problems; At the end of the dinner that evening, Zhou Ju was in a drunken state, but his consciousness was still clear. Zhou Ju rode an electric bicycle with the plaintiff back home smoothly, and there were no accidents on the way.
The People's Court of Meilan District, Haikou City, after trial, found that the plaintiff claimed that the 11 defendants took turns to toast and persuade Zhou Ju during the gathering, causing him to fall into a coma due to excessive drinking after returning home, leading to an acute attack of coronary heart disease and death. However, Zhou Ju and his wife Wan Mei did not express to the gathering organizer Wang Ren and other defendants that Zhou Ju had heart disease and should not drink alcohol, and the plaintiff did not provide evidence to prove or even state how Wang Ren and other defendants toasted and advised Zhou Ju beyond reasonable limits. Therefore, the 11 defendants did not engage in any infringement behavior in organizing or participating in the gathering activities. The plaintiff's claim that the defendant should bear civil tort compensation liability is unfounded in law and is not supported.
In summary, the first instance judgment of the Meilan District People's Court in Haikou City rejected the lawsuit requests of the plaintiff Wan Mei and others. The plaintiff Wan Mei and others are dissatisfied with the first instance judgment and have filed an appeal to the Haikou Intermediate People's Court. Recently, the Intermediate People's Court of Haikou City rejected the appeal and upheld the original verdict in the second instance.
The judge's statement
Having a meal with friends, drinking alcohol and having fun is originally a joyful thing in life, but if excessive drinking causes personal injury or death, the joy becomes a tragedy. Should co drinkers be held responsible if they die after drinking alcohol?
The presiding judge in charge of this case stated after the trial that toasting and persuading relatives and friends to drink together during a gathering is a common drinking behavior at the table, and as long as it does not exceed the reasonable limit, it is reasonable. Each drinker should bear the highest duty of care for their own life safety. At the same time, drinking at gatherings is a social freedom space, and legal intervention should be appropriately cautious. The degree of safety precautions of co drinkers should be limited to the ordinary attention of the general public, within the foreseeable range of the general public.
In this case, the presiding judge accurately grasped the causal relationship and the obligation to pay attention to safety, determined in accordance with the law whether there were faults between the co drinkers, and better balanced the dual needs of social interaction and risk control, establishing a social orientation of "moderate drinking" and "mutual care", which helps to form a positive and upward social atmosphere.
Even if a thousand cups of wine are few to a confidant, even though good wine is good, do not drink too much. Drinking alcohol should be civilized and moderate, and one should never gamble, compete, or persuade others to drink, in order to avoid irreparable losses and impacts on oneself and others. As a person with full capacity for civil conduct, one should have sufficient understanding of their alcohol tolerance and be aware of the possible consequences of drinking. They should act within their capacity during the process of drinking to avoid similar tragedies.
