Drinking together and someone died? What should I do if my friends die from drinking together?

Who are you with? Give a drink together, someone will die. If you drink together, someone dies. Those who accompany the wine are responsible.

Regardless of whether you persuade you to drink or not, as long as you all drink and eat together, you are all responsible.

Determine the cause of death, and if it is a death caused by drinking, the seven of you are primarily responsible.

If you want to pay for it, you will leave early, and you will have less responsibility, and it will be up to his family to sue you

Now the people who drink together are responsible.

Liability needs to be negotiated or determined through litigation.

One person drank 2-3 times, but I didn't persuade me to drink, and I was the first to go.

If you drink with a friend and die, if the person who drinks with you does not have the guidance such as persuading you to drink, then you are not liable, but if the owner of the hotel does not fulfill the safety and security obligations, you need to bear tort liability.

1. Article 24: Where neither the victim nor the perpetrator is at fault for the occurrence of the harm, both parties may share the losses based on the actual circumstances.

2. Article 37: Where managers of public places such as hotels, shopping malls, banks, stations, and entertainment venues, or organizers of mass activities, fail to fulfill their obligations to ensure safety and cause harm to others, they shall bear tort liability.

Where damage to others is caused by the conduct of a third party, the third party shall bear tort liability; If the manager or organizer fails to fulfill the security obligations, they shall bear the corresponding supplementary responsibilities.

Extended Materials. A few days ago, the Zhenyuan County Court mediated the case of drinking with a friend and causing his death on the grounds of "negligence and negligence and failure to fulfill the duty of care", and ordered the four accompanying guests to compensate the deceased for death compensation, funeral expenses and living expenses of dependents totaling 10,000 yuan.

It is understood that on February 21 this year, Li Moumou, a villager of Tianzhan Village, Zhongyuan Township, Zhenyuan County, drove with Li Moujia to negotiate with villager Li Moumou after playing social fire in the village temple. After talking at Li's house, Li Moumou and Li Moumou and others guessed and drank, and then Li Moumou was too drunk to lie on the sofa to rest. At about 2 o'clock in the morning the next day, Li Moumou was woken up by Li Moumou C, and because he was drunk and unable to speak, Li Moumou A and Li Moumou B sent him home and informed his wife Zhao Moumou.

When he returned home not long ago, Zhao Moumou found that Li Moumou's breathing was weak, and called his family to send Li Moumou to the hospital for treatment at about 5 o'clock in the morning, and died after rescue efforts. In the aftermath, Zhao Moumou failed to negotiate with Li and 4 others on the compensation for Li's death, so he filed a lawsuit with the Zhenyuan County Court, demanding compensation for death compensation and funeral expenses totaling 440,000 yuan.

After the Zhenyuan Court accepted the case, it was heard on June 12. After the trial investigation, Li Moumou and Li Moumou and other 4 people drank a total of 1810ml on the night of the incident, and the alcohol content in Li's blood was analyzed by alcohol identification. The court held that the deceased Li Moumou had drunk excessively and was at fault and should bear the main responsibility.

However, the plaintiff Zhao XX and the defendants Li XX, Li X A, Li X B, and Li X C all failed to take care of themselves due to negligence and failed to fulfill their duty of care, and should bear secondary liability. After the court presided over the mediation, Li and the other four defendants jointly compensated the plaintiff Zhao for the death compensation, funeral expenses and living expenses of the dependents totaling 10,000 yuan.

If a friend dies drinking together, if there is persuasion in the process of drinking, you need to be held responsible. If there is no forced persuasion, you will not be held responsible, but you will be compensated for a part of it.

There are several common situations in which a person is "drunk responsible" for causing death by drinking:

1.Deliberately poured alcohol.

In a case of compensation for personal injuries caused by alcohol, if the drinker clearly knows that excessive drinking will cause harm to people's health but still carries out such acts, and the harmful consequences occur, it can be found to be a direct intentional subjective fault, and according to the relevant laws and regulations, the drinker shall bear the main legal responsibility for compensation.

2.Indulging in drinking.

"Drinking with a person who knows that the person with whom he or she is drinking has a certain illness or a limited amount of alcohol or has found adverse effects after drinking alcohol or other adverse consequences (such as drunk driving), etc., but still does not fulfill the obligation to dissuade him." If the life and safety of the "drinking friend" is ignored and allowed to develop, resulting in the occurrence of personal injury to the "drinking friend", it shall be found that the person who drank with the victim has indirect intentional fault.

3.Non-bailout.

Due to the existence of a "drinking agreement" between "drinking friends", the two parties not only reached a tacit understanding of drinking together, but also had the convenience and characteristics of the easiest to obtain and find out whether the drinker was drunk and whether there were adverse reactions because of the closest distance between each other in the process of drinking together.

Excessive drinkers are mostly responsible for their own efforts:

Excessive drinkers are generally persons with full capacity for civil conduct and are aware of the consequences of excessive drinking, but they allow themselves to drink excessively and cause harmful consequences, even if they are the biggest victims, they should still bear primary responsibility for the consequences of excessive drinking.

Even in the case where the co-drinker is at fault, most judgments hold that the excessive drinker, who is a person with full capacity for civil conduct, is responsible for 80% or more of the consequences of his drinking.

It depends on the cause of death. If it was due to an overdose of alcohol, then it depends on why the overdose was caused and whether the overdose was related to other people present. If it is related to the persuasion of the people present, or if the people present should know that they have excessively failed to dissuade them as necessary, the people present may be held accountable, and it has nothing to do with whether the people present drink or not.

Now the law clearly stipulates that as long as you drink together and cause death, all the drinking friends present here are responsible and must compensate them in accordance with the law.

Then you have to take the initiative to go to the family of the deceased for mediation, approach to be friends, and sit together to make it clear. With the deceased as the greatest, it is necessary to pay money and pay tribute.

If this one, don't worry! First of all, you will definitely have to do an autopsy to determine the cause of death. Then you can go through the legal process. Under the current law, if the death is caused by drinking, the person who drinks at the same table is responsible.

In the tort liability case of joint drinking causing drunken death, the subjective intention of the actor must be excluded first, including direct intention and indirect intention. Intentionally inflicting harm on another person by means of drinking together constitutes the crime of intentional homicide, although it is also liable for compensation.

Don't worry about this, it shouldn't be your responsibility, it should be the responsibility of the wine.

Then the person who drinks with this person is responsible. Even if there is no criminal responsibility. Compensation is also required for the family.

If friends die of drinking together, then everyone who drinks and everyone present needs to bear some responsibility.

If a relative files a lawsuit, they will be compensated, and all those who are present to persuade them to drink will have to pay legal responsibility.

If you drink with a friend and there is compulsion to drink, persuasion to drink alcohol and cause illness, etc., you will be legally responsible and you will also need to pay compensation.

First of all, are you trying to persuade people to drink? In this case, I think it's a little bit of money for others, I think one or two thousand yuan is not too much for a family, the family is gone, and you are all fine, so try not to persuade people to drink when drinking, this is not good for everyone.

A group of people drinking together causes the death of others, and the people present are responsible, so don't persuade people to drink.

If one of the friends who were drinking together died suddenly, the people at the table were responsible.

There is no more to the participants making financial compensation. Then Zhang Luo sent his friend on his last ride.

If you die from drinking with a friend, you will be jointly and severally liable in this case. Because he died suddenly while drinking, you are all responsible, but there are big and small responsibilities.

In the case of fault, it is necessary to compensate for medical expenses, funeral expenses, pension for dependent relatives, etc.

If there is no fault and the damage is caused by the person who drank the alcohol, the other person is not responsible.

You are responsible for the death of your friends who drink too much together, so you must not persuade your friends to drink.

There are six types of perpetrators who bear legal responsibility for the harmful consequences of drinking, and even bear criminal responsibility. The first. The second type is a person who advises the drinker to drink even though he knows that he cannot drink alcohol or is unwell.

Legal analysis: If several people drink together and one person dies, first look at the cause of death and distinguish whether it is directly caused by excessive drinking. Secondly, it depends on whether the person at the table is at fault, such as persuading people to drink.

If the death itself was caused by excessive drinking, and the person at the table was at fault, then he was liable; Otherwise, no one else is held liable.

Legal basis: Civil Code of the People's Republic of China

Article 1165:[Principle of Fault Liability]Where the perpetrator infringes upon the civil rights and interests of others and causes harm due to his fault, he shall bear tort liability.

Where it is presumed that the actor is at fault in accordance with the provisions of law, and he cannot prove that he is not at fault, he shall bear tort liability.

Article 1166:[Principle of No-Fault Liability]Where an actor causes harm to the civil rights and interests of others, regardless of whether the actor is at fault, and the law provides that tort liability shall be borne, follow those provisions.

Article 1172: [Separate Liability for Infringement]Where two or more persons separately commit tortious acts causing the same harm, and the size of the responsibility can be determined, they each bear corresponding responsibility; Where it is difficult to determine the size of the responsibility, the responsibility is to be borne equally.