Together again! Drunk man killed the family sued compotator claims 1 million 470 thousand
It is the tragedy of drink! Pay the price of life! It happened in Xiamen! At a friend's house after drinking, Chen man riding a motorcycle to go to work at night, did not think the way to hit the road along the stone, died on the spot!
The day before, Chen's family to the other 2 night drink together to court, asking them to compensate for the loss of 1 million 470 thousand yuan, what happened?
The original night of May 1st this year, the family and the two defendant Chen (Chen friends) together drink. The night drinking 3 bottles of beer from the multi Chen in a home after riding two motorcycles to working on the night shift. The result is an accident......
Riding a motorcycle after drinking party
The man had died from an accident
After identification, Chen blood alcohol content reached 256 mg per 100 ml, while also speeding, police judge bear full responsibility for the accident.
The plaintiff accused each one sticks to his own view
The Chen family believes that the two defendant Chen is a friend, that night to night, Chen, and Chen still drank together, and drunk in Chen, do not try to remind obligations, let Chen drunk riding a motorcycle out fault.
He does not need to bear responsibility
The defendant said in one, he and Chen often drink together, know the deceased Chen Chen only night drinking, drink 3 bottle of beer, and no excess, before leaving, he asked Chen Chen answer there is no problem, no problem.
On the court, another defendant Chen Mouyang said to the defendant in a drink of the deceased Chen's proposal, he also rejected.
The two defendants believe that the deceased Chen is an adult, he should be responsible for your behavior. This responsibility should not count on them.
The two defendants should bear 10% of the responsibility
So whether the two defendants need to take responsibility? Xiamen Tongan court held that the deceased Chen as an adult, know you need to work at night, go to a friend's house to drink, and drink driving motorcycle speeding accident, a major fault exists. In this regard, it should assume the responsibility of 90%. The two defendants as with drink, no dead will be safely home, letting dead drunk driving a motorcycle, do not have to pay attention to the safety of the obligations, should bear 10% of the responsibility. The final verdict of the defendants jointly compensate the Chen family 14 million yuan loss.
The lesson of blood, life lessons!
Don't drink too much alcohol!
Drink must take good care of the drunk!
Is the judge said
As to the "duty of safety"
Otherwise, you are to bear the legal responsibility!
Cut to the heart is
The same drink kills a tragedy
Had already occurred
Friends are, you dare to willful Quanjiu?
The first get - law knowledge
What wine should bear responsibility?
Although according to the "civil law", "tort liability law" and other relevant laws and regulations, generally by bodily harm drinkers self loss, but in the following circumstances, the co drinkers shall also be liable for compensation.
1, due to alcohol induced disease, disability and even death
Knowingly drunk people cannot drink, because in the case of alcohol induced heart disease, hypertension and other diseases cause disability or death; if unknowingly Quanjiu induced disease, urging people who need not bear the liability, but given the fair liability principle should bear the responsibility for compensation. No matter whether is urging people who know each other can't drink, should assume responsibility, but the former must assume greater responsibility.
2, forced Quanjiu
Have forced Quanjiu obvious behavior in the drinking process, such as verbal threats, stimulate each other, forcing alcohol, to cause damage results, urging people who should bear the corresponding liability.
3, drunk driving, bathing, strenuous exercise not to be discouraged
Driving in knowing each other and should not discourage drunk case, once the occurrence of damage, drinking from the same person must bear some responsibility, if have tried to dissuade obligations while drunk dissuasion, drinking from the same person can reduce or exempt. But people know the same drink drunk people drink, incoherent and unconscious circumstances, should be discouraged from the same drink do not drink, can discourage but not discourage accidents in the amount, should be held accountable.
4, will not be drunk safely
If the drunk has been lost or will lose their ability to control their own, confusion, unable to control their behavior, the same drinkers have certain guardianship obligations, if the same drinkers will not be drunk to the hospital or let it reach someone to take care of the place (home), if an accident is the same people should bear the corresponding liability.