If a person dies as a result of a drug sold in an agricultural supply store, is there any liability?

Under normal circumstances, as long as the drugs sold by the agricultural material store are qualified drugs, there is no need to be liable. Because the drugs sold in agricultural stores are mainly pesticides, the use of pesticides is for crops, not for people to drink. Therefore, if someone uses pesticides on themselves and causes death, the agricultural supply store is not responsible.

But there is also a special situation, if the pesticide buyer buys drugs in the agricultural store, informs the store owner that the drug is used to commit suicide, and carefully asks about the use and dosage of pesticides, and the agricultural owner truthfully informs, it must bear the corresponding legal responsibility.

Actually, the reason is very simple. Let's use an analogy, knives are an indispensable cooking tool in our kitchen, and they are also an indispensable tool in our daily life. If someone buys a knife at the supermarket and causes a death, will the supermarket still be held responsible?

Apparently impossible. Chinese law also does not provide for this. Therefore, as long as the agricultural material store legally purchases agricultural drugs that meet the requirements in accordance with national regulations and sells them in accordance with national regulations, even if there is an accident, there is no need to be liable.

If an agricultural supply store sells paraquat in violation of national regulations.

of pesticides, once there is a ** accident.

Agricultural material stores must bear the corresponding legal responsibility. <>

Because there is such a regulation in the new "Pesticide Management":

Where prohibited pesticides or other toxic or harmful substances are used in the course of planting, breeding, selling, transporting, or storing edible agricultural products, it is to be convicted and punished as the crime of producing or selling toxic or harmful food in accordance with the provisions of Criminal Law article 144.

In addition, China's criminal law also has clear penalties for illegal sales of toxic pesticides

Whoever adulterates toxic or harmful non-food raw materials into food produced or sold, or sells food that is clearly adulterated with toxic or harmful non-food raw materials, shall be sentenced to up to five years imprisonment and shall also be fined; Where death is caused or there are other especially serious circumstances, punishment is to be given in accordance with article 141 of this Law.

It can be seen that the punishment for the illegal sale of toxic pesticides in agricultural stores in China is very severe. This is because in recent years there have been a number of fatal cases due to paraquat ingestion. Paraquat is one of the most toxic pesticides and the damage it causes to humans is irreversible.

Most people who ingest paraquat by mistake do not survive, and even if they are lucky enough to save their lives, the damage caused by paraquat toxicity will never recover.

I think that the legally operated agricultural material store does not need to be held liable after informing the drug of the danger and the buyer is aware of its toxicity, because the use of the drug is completely determined by the buyer's will.

If the drugs sold in the agricultural material store are qualified, and the customer meets the purchase requirements. If a person dies due to improper use by the user, there is no need to bear relevant responsibility.

Logically speaking, it is not necessary, but if the family members make trouble, they are more or less responsible.

Legal analysis: If the pesticide seller has the quality of the branch, and the pesticide sold is within the scope of the state's licensed sales, it is not responsible.

Legal basis: Criminal Law of the People's Republic of China Article 141 Whoever produces or sells counterfeit drugs that are sufficient to seriously endanger the health of a person or a person shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention, and/or a fine of not less than 50% but not more than two times the amount of the sales; where serious harm is caused to human health, a sentence of between three and ten years imprisonment is to be given, and a fine of between 50 and 2 times the amount of sales is to be given; and where death is caused or especially serious harm to human health is caused, a sentence of 10 or more years imprisonment, life imprisonment or death is to be given, and a fine of between 50 and 2 times the amount of sales or confiscation of property is to be given.

Legal analysis: Anyone who produces or sells drugs prohibited by the drug regulatory department shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years and shall also be fined.

Legal basis: Article 142 of the Criminal Law of the People's Republic of China Whoever violates drug administration regulations and has any of the following circumstances, which is sufficient to seriously endanger human health, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention and/or a fine; Anyone who causes serious harm to human health or has other serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined: (1) Producing or selling drugs prohibited by the drug regulatory department; (2) Producing or importing drugs without obtaining relevant approval documents for drugs, or selling them knowing that they are the above-mentioned drugs; (3) Providing false certificates, data, materials, samples or other deceptive means in the application for registration of drugs; (4) Fabricating production and inspection records.

Where the conduct in the preceding paragraph simultaneously constitutes the crimes provided for in articles 141 or 142 of this Law or other crimes, follow the provisions for the heavier punishment at trial and sentencing.

According to the actual situation, if the pharmacy is at fault in recommending drugs, the pharmacy shall be liable for compensation within the scope of the fault.

Article 6: Where actors infringe upon the civil rights and interests of others due to their fault, they shall bear tort liability.

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

First of all, look at whether the drug is a prescription drug, and if it is a prescription drug, the pharmacy should sell the drug with a doctor's prescription.

It is the responsibility of pharmacies to sell medicines to patients without a doctor's prescription.

Patients buy over-the-counter drugs to eat, and the problem is the patient's responsibility.

Drug quality problems are the responsibility of pharmaceutical manufacturers.

You are a doctor, the recommendation is well-reasoned, in line with pharmacological theory, and there is no responsibility.

The cause of death of the patient is subject to forensic evaluation.

There should be no responsibility, you can apply for an autopsy! Check the cause of death!

Answer]: a. The production and sale of inferior drugs cause serious harm to human health: causing minor injuries or serious injuries; causing mild or moderate disability; causing damage to organs and tissues, resulting in general dysfunction or severe dysfunction; Other serious harm to human health.

In any of the following circumstances, the production or sale of shoddy drugs causes death, or in any of the following circumstances, it shall be found to have "especially serious consequences": causing severe disability; Causing serious injury, moderate disability, or organ or tissue damage resulting in serious functional impairment or high obstruction in the field of three or more persons; causing five or more people to suffer from mild disability or organ or tissue damage resulting in general dysfunction; causing minor injuries to 10 or more people; causing a major or particularly major public health emergency.