【 case of law 】 the man took the initiative to toast after sudden death!Are all seven people at the table to blame?The court sentenced to

2022-06-22 0 By

A dinner, not forced to persuade wine, guangdong man wen took the initiative to drink a little wine, but unfortunately induced sudden death of coronary heart disease.After the incident, the family members of a certain temperature will sit at the same table seven and the restaurant owner sued the court for compensation.Recently, the case by meizhou City xingning city people’s court after hearing, the judgment of the table of seven people on the death of wen mou to assume 5% of the joint liability, that is, 52,184 yuan, the restaurant owner does not assume responsibility.The original and the defendant appealed, and the second instance of Meizhou Intermediate People’s Court upheld the original judgment.Guangzhou Daily, a man took the initiative to toast after sudden death, table 7 people were sentenced to bear 5% of the responsibility!At noon on May 26, 2020, Li mou, Huang Mou, Luo mou and other seven people invited Wen mou together to wu Mou business restaurant for lunch, by Luo Mou bring about 1 jin of mulberry bubble wine and 7 two liquor.During the meal, Moon did not drink because he had to drive, and the others did not ask him to drink.At the end of the meal, Wen took the initiative to pick up a glass toasting and drink a small amount of wine.After dinner, we have to leave, temperature out of the hotel after the sudden feeling of physical discomfort.Li mou saw to inform the rest of the people, and by one of the people driving temperature mou to the hospital treatment.However, Lee lives in another place and is not familiar with the road, resulting in a roundabout way.Wen arrived at the hospital at about 14:00, after active rescue treatment for more than an hour, still died.Through judicial appraisal, temperature is in line with drinking, dinner induced sudden death of coronary heart disease.After the incident, The family members of wen mou believe that the death of Wen mou and each defendant drink together, did not send hospital rescue has a direct causal relationship, each defendant has obvious fault.Request the defendant to compensate for the economic loss caused by the death of A total of 559,211 yuan.Data diagram.Source:Visual meizhou xin court thinks, China wen as a person having a complete civil capacity, at ordinary times should pay attention to your body health, combined with their own physical condition should avoid alcohol or participate in adverse social parties to own body health, and wen failing to fulfill a duty of care for their own life and health security, thus cause myocardial infarction after drinking,I shall bear the primary responsibility, that is, 95% of the responsibility.At the same time, sit at the same table of seven people know a body is not timely negligence, not doing their humanitarian will temperature timely sent to the hospital, not full, full, timely performance based on drinking behavior and should take care of, escort duty of care, such as the temperature missed the best treatment time, deskmate disgraceful consideration against people’s behavior,Therefore the death of wen mou assumes slight civil compensation liability, namely assume 5% responsibility.The court pointed out in the ruling, there is no evidence to prove that wu wu, the restaurant operator, has done wrong, wu is not liable for compensation.The judge reminded that if the participant suffered personal injury after drinking at the same table, if the other person carried out the positive harmful behavior such as compulsory persuasion, drinking, or did not fulfill the duty of care such as reminding, dissuasion, care, escort, etc., he/she should bear the corresponding tort compensation liability;A fellow at a table is not liable if he is not at fault.However, people with full civil capacity should pay attention to their own physical conditions and bear the highest duty of care for their health and life safety. If self-indulgence or excessive drinking leads to tragedy, they should bear the main responsibility for their own death.