If you go for a drink with a friend and your friend gets drunk and has an accident, do you have to b

If you have a drink with a friend and your friend has an accident after getting drunk, whether you should bear legal responsibility depends on which principle of imputation should be applied in the process of drinking with your friend, and it needs to be determined according to the specific circumstances at that time.

1. Application of the fault principle.

In the case of drinking together, the principle of fault liability that applies should first be considered. As long as there is fault in the process of drinking, it can be determined that everyone at the table is at fault and must bear the corresponding civil liability. There are three main types of drinking behaviors based on the principle of fault liability, which are intentional drinking, non-rescue and indulgence.

Intentional drinking: If in the process of drinking with a friend, you continue to persuade the other party to force you to drink even though you know that your friend can't drink or has already drunk too much, which eventually leads to an accident after the friend is drunk, resulting in personal injury, then the party who persuades the alcohol becomes the party at fault and will bear the main civil liability.

Non-rescue type: This type refers to seeing that the friend can no longer drink and the body has an adverse reaction after being drunk, but the other people at the table do not take rescue measures in time, do not notify their family members or implement the duty of care, which leads to the accident of the friend after being drunk. In this way, other people at the same table will have different degrees of responsibility according to the specific situation.

Indulgent drinking: Knowing that the friend cannot continue to drink for various reasons, but failing to prevent it in time leads to an accident after he is drunk, in this case, the other people at the same table have seen the friend drunk but let the damage occur, and the other people at the same table should also bear certain civil liability.

2. Application of the principle of fairness.

If the other people who drink together are not at fault, depending on the circumstances, the drunk friend will have to bear some responsibility for compensation.

In this case, of course, we have to bear the responsibility of the law, and we have different responsibilities according to the severity of the matter, so we still don't drink with friends, and don't drive home by yourself.

Of course, you need to bear legal responsibility, because after all, you and your friend went out for a drink, and all his accidents are directly related to you.

If you go drinking with a friend and your friend gets drunk and has an accident, you have some responsibility, but no legal responsibility.

In the past, all people were responsible. But recently there are laws and regulations, because drinking is voluntary, and others are not responsible for accidents.

If the family sues you more or less, you will have to bear some responsibility, if it wasn't for drinking, these accidents would not have happened, and in any case, you are also jointly and severally liable.

Not necessarily, if your friend is driving and you have been persuading him to drink, then you will have to bear a certain responsibility, and if your friend is driving and you persuade him not to drink and not to drink and drive, then there is no responsibility.

You are all responsible for your companions. for he who drinks with you.

If you drink with a friend and your friend has an accident after drinking, the person who drinks with you will be jointly and severally liable.

[Legal Analysis].

It depends on the specific situation, and the applicable principle of fault liability should be considered in the case of joint drinking. As long as there is fault in the process of drinking, it can be determined that everyone at the table is at fault and must bear the corresponding civil liability. First, the people at the table had all drunk, and they persuaded each other to drink, and then they went away.

In this case, the co-seaters were both at fault because they did not dissuade the other members from drinking and did not send the perpetrator home, and both parties were liable for compensation. Second, everyone at the table drank alcohol, but they did not persuade each other to drink, and they also reminded the drunk people in time. Generally, it is difficult for the co-party to provide evidence to prove that he or she has been reminded in a timely manner, so the court may award him a small amount of compensation for humanitarian purposes, and the amount is generally not too large.

Thirdly, all the people at the table had drunk, but some of them left the venue halfway through, and they did not persuade them to drink during this period. In this case, the person who leaves the venue in the middle of the event is generally not liable.

Legal basis] Civil Code of the People's Republic of China Article 1174 Where the damage is intentionally caused by the victim, the perpetrator is not liable. Article 1175:Where the harm is caused by a third party, the third party shall bear tort liability. Article 1176:Where voluntary participation in cultural or sports activities with a certain degree of risk is harmed by the conduct of other participants, the victim must not request that the other participants bear tort liability; However, this does not apply if other participants are intentionally or grossly negligent in causing the damage.

The responsibilities of event organizers shall be governed by the provisions of Articles 1198 to 1201 of this Law.

In the past, I had to bear it, but now I don't need to come out of the new one. Because many people who drink alcohol are voluntary, drinking is for enjoyment, entertainment, friends gathering, everyone talks, laughs, and has fun. Accidents are not expected, and no one can predict them.

Also, many people who drink alcohol love that sip. So now the people who drink with them are no longer responsible for this situation.

The people who drank with him were all concerned, and if they couldn't get rid of the dry food, they would definitely compensate his family.

are all legally responsible.

You need to take responsibility for poor regulation, and I'm really helping you look forward to it

How much responsibility is borne for an accident after drinking together: liability for compensation. If an accident occurs to a person who drinks together, the determination of responsibility shall be based on the responsibility of each other.

If there is no fault, there is no need to be liable; If there is any of the following faults, you need to be jointly and severally liable: forcing Xing to persuade him to drink, or persuading the other party to drink even when he is drunk and unconscious and has no self-control; Knowing the other party's physical condition, he still advises him to drink alcohol to induce illness, etc.; failure to safely escort an intoxicated person to the hospital or safely return home; Drunk driving is not discouraged, resulting in damage such as car accidents. There are mainly the following opinions:

First, as a co-drinker, they have the obligation to take care of, escort or inform the family members of the drunken person, especially if they know that the co-drinker is driving a motor vehicle, they should fulfill the obligation to remind, dissuade, or even stop the drinker from driving a motor vehicle. If they fail to fulfill their corresponding obligations, such as failing to dissuade or stop a drinker from driving a motor vehicle, or escorting or notifying his family, it can be regarded as a co-drinker who is at fault, and the drinker who suffers personal ** shall be liable for fault compensation.

Second: road safety laws and regulations on drunk driving and drunk driving are occasionally prohibited, adult drinkers, as full civil capacity, should make reasonable expectations and judgments about the consequences that may result from their own actions, so drunk drivers should be liable for their own serious violations, and when they suffer major damage in traffic accidents, co-drinkers do not bear civil liability for compensation. Obligations such as reminding, dissuading, and escorting co-drinkers are only a moral obligation, which should not be recognized as a legal relationship of rights and obligations, and are difficult to implement in practice.

Seven people drank together, one died accidentally while drunk, are the others responsible?