If someone dies as a result of drinking, do they have to pay compensation for drinking together?

If they are not at fault, there is no need to make compensation. But if they let them drive after drinking together, knowing that the other party has already drunk, then they need to compensate the other party.

No, this is not necessarily a case where there is no need for compensation as long as there is no fault, but there will certainly be some associated liability through some discretionary requirements.

This needs to be compensated, and if you find that something is wrong, you should stop it.

Summary. Hello dear, it is a pleasure to serve you <>

The law stipulates that the maximum compensation for the person who drinks together is 300,000 yuan, and the drinking friend fails to fulfill the duty of care, and the law does not stipulate that the person at the same table must bear 30% of the joint and several liability.

If the person who drank with him died, what is the maximum compensation under the law?

Hello dear, it is a pleasure to serve you <>

The law stipulates that the maximum compensation for the person who drinks together is 300,000 yuan, and the drinking friend fails to fulfill the duty of care, and the law does not stipulate that the person at the same table must bear 30% of the joint and several liability.

1. If other people drinking at the same table are strongly persuaded to drink, deliberately poured alcohol, indulged in drinking, and failed to take proper care of them after drinking, they can generally be considered to have committed tortious acts and are at fault, and shall bear tort liability; 2. If the other person drinking at the same table does not have the above-mentioned tortious acts, or is not at fault for the occurrence of the harmful results, or there is no direct causal relationship between the occurrence of the harmful results and the drinking behavior, they shall not bear tort liability; 3. If only some of the persons have committed the infringement, only the person who has committed the infringement shall bear the tort liability, and the person who has not committed the infringement shall not be liable; 4. If the infringed party is at fault, the infringer's liability can be reduced.

Article 6 of the Tort Liability Law stipulates that if the actor infringes upon the civil rights and interests of others due to his fault, he shall bear tort liability. Where it is presumed that the actor is at fault on the basis of laws and regulations, and the actor cannot prove that he is not at fault, he shall bear tort liability.

If the person who advises the drinker or the drinker cannot prove that he has fulfilled his duty of safety care to the person who is at fault, and cannot prove that he is not at fault, he should be presumed to be at fault in accordance with the law, and if he is at fault, he needs to pay money.

How to lose money when a person dies after drinking together needs to be judged differently depending on the specific situation. In the case of fault, you will be required to compensate for medical expenses, funeral expenses, and pensions for dependent relatives.

In fact, the Civil Code does not make clear provisions on joint drinking to death. However, it is clarified that if the actor infringes upon the civil rights and interests of others due to his fault and causes harm, he shall bear tort liability. That is to say, if the perpetrator dies because of acts such as persuasion to drink, he must bear the corresponding tort liability.

Relatives and friends will be held legally liable if they have the following circumstances in the course of drinking together:

The first is compulsive persuasion, such as deliberately pouring alcohol to coerce the other party to drink, or persuading the other party to drink even when the other party is drunk and unconscious and has no self-control;

The second is to know that the other party cannot drink, such as knowing the other party's physical condition, but still persuading the other party to drink alcohol to induce illness;

The third is the failure to escort the drunk person safely, such as the drinker has lost or is about to lose the ability to control himself, and is delirious and unable to control his own behavior, the drinker does not take the drunk person to the hospital or safely return home;

Fourth, drunk driving is not discouraged, resulting in car accidents and other damages.

Civil Code of the People's Republic of China

Article 1165:Where the perpetrator infringes upon the civil rights and interests of others due to fault and causes harm, 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: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.

Generally speaking, there is no compensation if you are not at fault, but in reality, some courts may have the discretion to ask for some liability, not because you are at fault or in tort, just as a pedestrian violates traffic rules and the driver is not at fault and causes death. There are also a considerable number of those who do not pay at all. The principle of fault liability shall be adopted for civil torts caused by non-compensation for joint drinking.

That is, only those who are at fault are liable. The fault here is mainly due to the failure to fulfill the following obligations of Zhida: 1. Knowing that one of them has drunk too much, the person who drinks with him should discourage or refuse to drink with him; 2. For those who are already drunk, they should be safely sent to their homes, and at the same time tell their family members the extent of their drunkenness, so as not to delay the best time for treatment; 3. For friends who drive, if the other party drinks alcohol, the person who drinks with them should advise them not to drive, etc.

As a person with full capacity for civil conduct, the deceased knew the dangers of alcohol and could avoid it without controlling the amount of alcohol or being credulous, and he had the most direct causal relationship between excessive drinking and the consequences, and he was grossly negligent, and should bear the main responsibility for the consequences. The defendants, who were co-drinkers, were not at fault during or after drinking, and should not be liable for the death.

In the event of an accident during the banquet, the co-drinker shall bear legal responsibility for one of the following 4 situations:

1. Compulsive persuaders.

2. Those who know that the other party cannot drink, but still persuade them to drink.

3. Those who fail to safely escort a drunk person to their home.

4. Drunk driving is not discouraged, resulting in car accidents and other damages.

The specific amount of compensation to be paid is subject to a case-by-case determination. It mainly depends on the original physical condition of the deceased and the specific behavior of the people who drank together in the drinking party.

This is subject to relevant regulations.