In my spare time, I have an appointment with a few confidants to have a meal and drink.
This is originally a normal thing.
But be careful!
You have to "keep the way" when eating and drinking.
If a disaster occurs on the table,
, as the organizer and the drinker,
is likely to be held legally responsible.
. In , in , Huangpu District, Guangzhou, five young people gathered together to drink. Among them, one of them was , who fell to the ground after drinking after losing control after falling out of control. Who is responsible for this unfortunate accident? Will all the other four people who have dinner together have to compensate? The reporter learned today that the case has gone through the first and second instances and has a final judgment.
Basic facts of the case:
Five people died in a car accident after a dinner party
At around 18:30 on December 23, 2019, Xiaobin and three defendants Xiaobo, Xiaoxian, Xiaosen and Xiaoxian's wife Xiaozhong, had a meal at a certain Yusheng Restaurant near a market in Huangpu District, Guangzhou.
Xiaosen works in the restaurant and did not know Xiaobin before. During the meal, Xiaobin, Xiaobo, Xiaoxian and Xiaosen all drank. At around 20:30 that day, Xiaobin and five others went to the roast chicken stall run by Xiaoen to continue their midnight snack after dinner. Xiaobin, Xiaosen and Xiaoxian both drank two 750ml beer.
Xiaobo put his motorcycle key on the desktop at around 23:00 that day, and took Xiaosen's two-wheeled motorcycle to leave the roast chicken stall first; Xiaoxian checked out about half an hour after Xiaobo left, and took the car driven by Xiaozhong; Xiaobin finally drove Xiaobo's two-wheeled motorcycle without license plate to leave the stall.
23:56, Xiaobin lost control and fell to the ground after driving a two-wheeled motorcycle without a license plate after being drunk and was injured. After being sent to the hospital for emergency treatment, he died on December 27 due to his serious injuries.
Guangzhou Municipal Public Transportation Bureau Traffic Police Detachment Huangpu Brigade (hereinafter referred to as Huangpu Traffic Police) determined that Xiaobin was drunk with a "C1" motor vehicle driver's license and drove on the road without a license plate without a safety helmet. His fault is the entire cause of the accident and he should bear all the responsibility for the accident.
Xiaoxian said when being asked by the traffic police: "Dinner ended at about 20:30. Then I told everyone that I had ordered a midnight snack at the roast chicken stall of my friend Xiaoen in , so everyone set off to go to Xiaoen in xintamura to continue having midnight snack."
Xiaoxian said when being asked by the traffic police: "At about 23:00, I drove my two-wheeled motorcycle to leave the roast chicken stall and return to the fish. Shengguan,... After Xiaobo and I returned to Yushengguan, I went to the stall in the market to eat something, and then went to Muzu Store to Muzu Store. "
Judgment result: Motorcycle owner
and the dinner organizer should be held responsible
After the first instance, the Huangpu District Court ruled: Defendant Xiaobo compensated 155,994.65 yuan; Defendant Xiaoxian compensated 51,998.22 yuan; in addition, the defendant Xiaosen compensated 1,500 yuan. After the verdict was announced by
, the defendant Xiaobo appealed dissatisfied. After the second instance, the Guangzhou Intermediate People's Court ruled to reject the appeal and uphold the original verdict
on the day of the incident, there were four people who had a dinner with Xiaobin. Why did
and Xiaoxian be sentenced to compensation?
And the amount of compensation for the two is different? ?
In this case, Zhang Huibin, a first-level judge of the presiding judge of Huangpu District Court, pointed out that the focus of the dispute in this case is the proportion of the fault of the tort liability subjects and the parties.
✦Xiaobo, as the owner of the motorcycle that caused the accident, has a management obligation to the motorcycle.
When Xiaoxian and Xiaozhong drove their car away from the midnight snack stall and Xiaobo left with Xiaosen, Xiaobo placed the motorcycle key on the roast chicken stall desktop, which was his intention to lend the vehicle to Xiaobin. To this end, Xiaobo lented Xiaobin the motorcycle to Xiaobin while knowing that Xiaobin was drinking, and was at fault, and he should bear the corresponding compensation liability for Xiaobin's death according to law.
✦Xiaoxian invited Xiaobin and others to have a late-night snack and checked out. He is the organizer of the late-night snack dinner and is responsible for reminding, dissuading, notifying, helping, and taking care of the party participants.
Xiaoxian did not dissuade, take care of or escort her while knowing that Xiaobin was drinking. His fault was related to Xiaobin's death.Although Xiaoxian argued that she had reminded and arranged for Xiaobin to rest in a nearby house, she did not provide evidence to confirm it, and the court refused to adopt it, so Xiaoxian should bear the corresponding liability for his negligence.
✦Xiaosen did not know Xiaobin before the dinner. He was just a temporary intention to participate in the party and was not the initiator or organizer of the event. He did not bear any responsibility for reminding, taking care of, dissuading, and helping other participants.
The existing evidence is not enough to prove that Xiaosen had committed alcohol and other faults, resulting in Xiaobin's drunkenness, etc., so the court will not support the plaintiff's claim that Xiaosen bears tort liability. However, considering that Komori is willing to compensate 1,500 yuan based on humanitarianism, the court recognized it.
✦ As the organizer of dinner, Xiaobin has drunk a lot of alcohol during dinner and continues to drink during midnight snacks, and takes full responsibility for the consequences of his own drunkenness. Article 26 of the Tort Liability Law stipulates: "If the injured party is also at fault for the occurrence of the damage, the liability of the infringer can be reduced." Xiaobin, a "C1" motor vehicle driver's license, drives on the road without a license plate, without a license plate, and his fault is the main cause of the accident. If he is at fault for his own death, the responsibility of the tort liability parties should be reduced. Article 12 of the Tort Liability Law stipulates: "If two or more persons commit torts separately and cause the same damage, and the size of the liability can be determined, each shall bear the corresponding liability; if it is difficult to determine the size of the liability, the compensation liability shall be borne on the same basis." Article 13 stipulates: "If the law stipulates that joint and several liability shall be borne, the injured party has the right to require some or all of the joint and several liability to bear the liability."
According to the degree of fault of Xiaobin, Xiaobo, Xiaoxian and Xiaosen, the court determined that Xiaobin should bear 80% of the fault liability for the consequences of his death , Xiaobo bears 15% of the fault liability, Xiaoxian bears 5% of the fault liability, and Xiaosen does not bear the liability. The plaintiff asked the defendant to bear joint and several liability for compensation and did not provide legal and factual basis, and the court did not support it.
Zhang Huibin pointed out that the party organizers have the obligation to take care of, escort or notify the family members to the drunk. The drinking person and the owner of the motor vehicle should give full play to remind, dissuade and stop the drinking person from driving the motor vehicle.
After the dinner, the party organizer and the co-drinker knew that the victim was drunk, did not take active and effective measures to dissuade or stop them, nor did they properly keep the motor vehicle. They were negligent and should bear corresponding civil liability for the victim's death result.
Guangzhou Daily All-Media Text and Picture Reporter Articles Correspondent Li Xue
Statement: This article is reproduced for the purpose of conveying more information. If there is any error in the source marking or infringes on your legitimate rights and interests, please contact this website with the proof of ownership. We will correct and delete it in time. Thank you.
Source: Guangzhou Daily
