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Whether or not the person who drank alcohol together is jointly and severally liable depends on whether there is fault. If there is fault, you need to be jointly and severally liable, and if there is no fault, you are not liable.
As people who drink at the same table, a legal relationship has in fact been established, and there is a legal duty of mutual reminder and care between them. Specifically, when drinking, other drinkers should generally bear the obligation to remind, dissuade, and notify them, and not let them drink excessively; After drinking, they should also bear the obligation to support, care and escort to ensure the personal safety of drinkers.
If a co-party fails to fulfil these obligations, it is an "omission".If the drinker suffers bodily injury or death, there is a causal relationship between the two. It was on this basis that the judge held the co-seater liable.
Legal basis:
Article 120 of the Civil Code of the People's Republic of ChinaWhere civil rights and interests are infringed, the infringed party has the right to request that the infringer bear tort liability.
Article 1165[Principle of Fault Liability]Where the actor 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.
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Legal analysis: 1. It is necessary to see whether other people who drink alcohol have reached the level of intoxication. If drunkenness reaches a certain procedure, there is no responsibility.
2. After being drunk, people who are not drunk have the obligation to support each other, remind them to pay attention, and take care of each other, but they fail to ensure their safe departure and let them leave on their own, resulting in the occurrence of tragedy, and they need to bear corresponding legal responsibility.
Legal basis: Article 179 of the Civil Code of the People's Republic of China The main ways to bear civil liability are: (1) stopping the infringement; (2) Removing obstructions; (3) eliminate the danger; (4) Return of property; (5) restitution to the original state; (6) Repair, rework, or replacement; (7) Continued performance; (8) Compensate for losses; (9) Pay 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.
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Asking a friend to drink and "die", is there a responsibility? Do you think it's reasonable?
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Civil Liability + Criminal Liability.
It is necessary to compensate for civil losses and bear criminal penalties.
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If the person who drinks with him or her is persuaded to drink or forced to drink, or fails to fulfill the duty of safety assistance, such as sending him home safely, it means that the other person who drank with him is at fault and will be jointly and severally liable for his or her fault.
Presumption of line 2 in accordance with the provisions of the lawArticle 10 of the Tort Liability Law stipulates that if two or more persons commit acts that endanger the personal or property safety of others, and the acts of one or more of them cause damage to others, and the specific infringer can be determined, the infringer shall be liable; Where the specific infringer cannot be determined, the perpetrator bears joint and several liability.
3.Article 14 of the Tort Liability Law stipulates that the amount of compensation shall be determined according to the size of their respective liability; Where it is difficult to determine the size of the liability, the liability for compensation shall be borne equally.
Those who pay more than the amount of their own compensation shall have the right to recover from other jointly and severally liable persons.
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Article 119 of the General Principles of the Civil Law of the People's Republic of China stipulates that citizens who infringe on the personal person of others due to fault (intentional or negligent) shall bear civil liability; Where the victim is at fault for the occurrence of the harm, the victim's personal responsibility may be mitigated.
Where a citizen's body is violated and death is caused, funeral expenses and necessary living expenses for the persons supported by the deceased during his or her lifetime shall be paid.
The person who dies from drinking must bear the main responsibility.
Those who persuade alcohol need to bear a certain amount of responsibility.
A person who does not advise an alcoholic is not liable unless you have a legal obligation to help him.
If you drink together and your friends at the table die, then everyone at the table needs to be compensated, probably about 100,000 yuan per person, and if there are more people, it will be less.
Who are you with? Give a drink together, someone will die. If you drink together, someone dies. Those who accompany the wine are responsible.
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.
Going to a feast and drinking may seem like a very ordinary thing in life, but it is not uncommon to be injured or die due to drunkenness. As a person who drinks at the same table, the fact. A legal relationship has been established, and there is a legal duty of mutual reminder and care between them. >>>More
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