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If this happens, I should bear the greatest responsibility, but if other people who drink together instigate it, I will also bear a certain amount of responsibility, and if I dissuade but do not succeed in dissuading before the accident, I will not be held responsible.
Drinking and jumping into the Yangtze River to swim Wu invited several of his friends to come to the hot pot restaurant owner Xiao's hot pot restaurant to come to dinner, and the meal lasted for nearly an hourThese people drank a total of about four catties of liquor and 53 bottles of beer, everyone is not the same and is becoming more and more open, and Xiao took off her shirt and wanted to swim in the Yangtze River, but several other people hurriedly dissuaded them when they saw this, and Xiao put on his clothesBut after a while, the rest of the people went to the toilet, but Xiao suddenly took off his clothes again, jumped directly from the railing and fell into the Yangtze River, and finally drowned. His family wanted the people who had been drinking with him to pay compensation, but the court ruled that no compensation should be paid.
The reason why there is no need to pay any compensation for whether diving is a personal act is because friends dissuaded Xiao to a certain extent, and Xiao jumped into the Yangtze River to swim was just his own personal behaviorAlthough he had drunk a lot of alcohol with his friends before, his friends had dissuaded him, and he still relied on his own will to do his own thing, which caused such irreparable consequences. If his friends did not dissuade him, but instigated him to swim in the Yangtze River, she drowned in the endIn this case, these friends need to pay compensation, because the instigation of these friends has constituted a certain danger to personal safety, so they are responsible for this situation.
Drinking alcohol can cause our nervous system to be agitated and even cause us to do irreversible things without clear mindsIt is precisely because of this that we should drink less alcohol and at the same time discourage those around us from doing stupid things.
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Persuade drinking, when eating and drinking together, persuading others to drink causes accidents to others, and the person who persuades them to drink should be responsible.
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Knowing that the other party has some medical conditions and cannot drink, and after drinking, knowing that the other party goes back alone is at a certain risk, both of which need to be responsible.
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If the person at the same table maliciously persuades the party to drink, or sends the party who is not sober to jump into the river, and does not carry out the necessary rescue and rescue after he jumps into the river, then at this time, the person who drinks together needs to be responsible.
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People at the same table persuade each other to drink, and the people who drink together in this situation need to be responsible, so they drink in a civilized manner and abandon the dross culture on the wine table.
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1. If you accidentally drown after drinking, is the person who accompanies the wine responsible?
1. Not necessarily responsible. If there is an act such as persuading alcohol or not having a safety escort, it will be jointly and severally liable for compensation, and there will be no liability in other circumstances.
2. Legal basis: Civil Code
Article 120:Where civil rights and interests are infringed upon, the infringed party has the right to request that the infringer bear tort liability.
Article 1165:Where the perpetrator infringes upon the civil rights and interests of others due to fault and causes harm, they 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 1186:[General Provisions on Liability for Fair Compensation]Where neither the victim nor the perpetrator is at fault for the occurrence of the harm, both parties are to share the losses in accordance with the provisions of the law.
2. What are the circumstances of persuasion to bear legal responsibility?
1. Compulsive persuasion to drink, such as forcing the other party to drink alcohol with language such as "don't drink enough friends", or persuading the other party to drink when the other party is drunk and unconscious and has no self-control;
2. Persuading the other party to drink alcohol even though they know that they can't drink alcohol, such as persuading the other party to drink alcohol to induce illness knowing the other party's physical condition;
3. Failure to escort the drunk person safely, if the drinker has lost or is about to lose control over himself, is delirious and unable to control his own behavior, and the drinker does not send him to the hospital or safely send him home;
4. If drunk driving is not discouraged and causes damage such as a car accident, the co-drinker shall not only be liable for the partner who drinks together, but also bear the corresponding responsibility for the other party who was injured by the accident.
If the person who accidentally drowns after drinking alcohol and the person who accompanies the drinker who drinks before is advised to drink or the person who is sober but does not send the drinker home safely, the person who accompanies the drinker needs to be jointly and severally liable.
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If a person drinks alcohol and drinks a dead person together, if the person at the same table has a prior obligation, such as persuading or pouring alcohol, he needs to bear tort liability. However, if the person at the same table does not have the above-mentioned behavior, but the drinker insists on drinking, and the person at the same table has fulfilled the duty of safety and security, he does not need to bear tort liability.
Civil Code of the People's Republic of China
Article 179.
The main ways to bear civil liability are:
1) Cease the infringement;
2) removal of obstructions;
c) eliminate the danger;
4) the return of property;
5) restitution;
6) Repair, rework, and replacement;
vii) continued performance;
8) Compensation for losses;
9) Payment of liquidated damages;
10) Eliminate the impact and restore reputation;
11) Apologize.
Where the law provides for punitive damages, follow those provisions.
The methods of bearing civil liability provided for in this article may be applied separately or in combination. Wheel paulownia.
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Summary. Dear, dear, you need to bear the financial compensation liability for the death caused by drowning caused by drinking with friends, including: medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, necessary nutrition expenses, disability compensation, disability assistive device expenses, living expenses of dependents, ** expenses, nursing expenses, follow-up expenses, funeral expenses, death compensation, transportation expenses incurred by the victim's relatives for funeral matters, accommodation expenses and other reasonable expenses such as lost work, mental injury solace, etc.
Hello. Dear, dear, you need to bear the financial compensation liability for the death caused by drowning caused by drinking with friends, including: medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, necessary nutrition expenses, disability compensation, disability assistive device expenses, living expenses of dependents, ** expenses, nursing expenses, follow-up expenses, funeral expenses, death compensation, transportation expenses incurred by the victim's relatives for funeral matters, accommodation expenses and other reasonable expenses such as lost work, mental injury solace, etc.
Drunk people have an obligation to help each other. Whether he was drunk in the process of drinking, whether the cause of drunkenness was caused by the person who advised the alcohol, who helped him after being drunk, and the person who accompanied the wine after his drunken death was liable for compensation. If the perpetrator dies of drinking alcohol due to his own fault, whether it occurs at the drinking scene or dies at home, as long as the companion has fulfilled the obligations of reminding, dissuading, notifying the family, taking care of, and escorting, the companion is not at fault and does not need to be compensated.
Whether the person who drank together is liable depends on whether he acted in persuasion to the deceased, that is, whether he was at fault. Generally speaking, the person who advises the alcohol will be found to be at fault in these cases: if there is a causal relationship between the wrongful act of persuading the other party to drink, such as compulsion to drink, persuading the other party to drink despite knowing that the other party cannot drink, and the person is liable for compensation.
In general, people who drink together are liable for up to 30% of the civil liability.
Consult with me Accidentally fell into a drain while drinking with friends and died Do people who drink together be held accountable How do I go about holding them accountable What are the processes that need to be followed?
As an adult, at least have a sense of crisis and danger, and have the ability to make judgments. In this case, I knew that swimming under the influence of alcohol might cause some risks or troubles, so I should bear the main responsibility. At the same time, the swimming management office knew that the customer was drinking but did not stop it, and should bear part of the relevant responsibility.
Hello dear, you need to go to the police.
Then go to a lawyer for a consultation.
The police have been called.
Dear, have you ever found a lawyer?
What the police said after calling the police.
Not yet. Before you get a lawyer, ask for a consultation with you.
It is recommended that you find a senior lawyer and ask in detail.
Uh-huh, okay.
How to go through the process in this case.
Generally speaking, as long as a friend does not persuade him to drink, he drinks too much, and it has nothing to do with his friend.
You need to find a lawyer to appeal and fight the lawsuit.
Or maybe it's best to be private.
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