Treat me to dinner, and the other party dies due to overeating, do I need to be responsible?

I think that the theme of the subject may mean that the subject invites a friend to dinner, and then that friend eats too much and dies, and then the misfortune happens or for some other reason, the friend unfortunately passes away, then I can clearly state that the subject of the subject, both from the legal side and from the moral side, has some responsibility.

As for the amount of responsibility, it depends on the specific details. First of all, the first point is that if you and your friend are the only two places where you drink, then your friend has an accident on the way to drink, or if your friend has an accident after returning home, then no matter which of these two people you have to bear certain responsibility in this case, since the person who drank with him is you, so you should be jointly and severally liable. As for the amount of compensation, it all depends on the negotiation between you and your friend's family.

This happened in our village this spring. A family in the village planted a tree, and then his friend went to help. After planting the tree, several people drank together.

The friend was eager for a drink, so he drank a few more. Then a man rode home on an electric tricycle. On the way home, he rode his bike into a large pothole on the side of the road.

The person was found only 24 hours later. He's dead. This friend just turned 50 this year.

The two sons are not married. The final result was very surprising. The other party's compensation is less than 60,000 yuan.

Such a life is over. Another thing is that I had a drink with a friend last week. I said beforehand that I wouldn't drink while driving or not driving without drinking.

Who knew that this friend kept advising or driving and insisted on driving himself after drinking. When I got home, I wasn't allowed to find someone to take him off. As a result, he was caught by the traffic police and inadvertently inspected the car.

Due to the punishment, the driver's license was detained for half a year, and a fine of 1,000 yuan was imposed and the test was retaken. I didn't know it at the time. I didn't know how many days it had happened, and then I sent him 1000 yuan.

After all, this wine was drunk at my house. Even if he didn't tell me anything like that, I couldn't pretend to be stupid. In the end, my friend didn't say anything, saying that you should dare to throw away your money and leave.

I will deny you in the future, and I will never interact with you. In the end, I had no choice but to get my money back. But he was granted two conditions.

This weekend, the first to go to his house for a drink to celebrate his great enlightenment and long memory. How my lovely friend said hello when he became his chauffeur six months later, and our friendship path would last forever. I have to remind everyone here not to drink with strangers casually, not to convince strangers, not to drink too much, and especially to remember not to drive or drink while drinking.

I feel like I might have to pay a little bit of responsibility. Because for you, people overeat. You don't play a role of persuasion.

Yes, because you are the one who treats you, you are responsible for anything that happens in the process.

You need to be responsible, because this person died while eating with him, and he should also bear part of the responsibility.

When a person dies, he must also be invited to dinner, which is called a white meal. For ordinary local funerals, the night before the burial, a "meal" ceremony is held in front of the spirit. Because the deceased "stayed" at home for the last night, it is inevitable that the children and relatives will have a painful farewell forever.

Therefore, in many places, "eating" is called "Ci Ling" or "family sacrifice".

On the night of "eating", starting from about 8 o'clock in the evening, the drum group gathered next to the spirit, from filial piety to relatives, according to the near and far of the Men's family. According to the funeral etiquette, who should "eat", who will kneel in front of the spirit, hold incense in both hands on the chest, drum music to play a tune, a person with a plate to serve a cup of tea and rice in front of the spirit, a song is played, "into the meal" person kowtow and abdicate, and then turn the second trillion people.

When eating, in addition to the filial son of the family, other close relatives Tuyan also have to send a small amount of money to the drum team when they "eat". If you give more money, you will play well and for a long time; Give money once, and play a song. As a result, the length of time each person spends "eating" varies.

What kind of music to play can be ordered by the person who "eats".

Summary. The deceased themselves generally account for 30 to 50 per cent of the responsibility.

Drunk to death at a dinner party, do you need to be responsible for the meal?

Please eat at one table, but drunk and die at another.

It was us who passed away at 2 o'clock after leaving the hotel.

This is also subject to a certain amount of liability.

During the period, there was no persuasion to pour wine, etc., before the guest left, he also asked the colleague who left later to take him home, and more than 1 hour later, the colleague sent him to the hotel, accompanied by a person.

The staff of the hotel and the hotel have repeatedly reminded the colleagues who were with him to send him to the hospital to sober up, and the colleagues all said that this person would be fine every time he drank too much and slept well, and was not sent to the hospital.

Where there is no act of persuasion to drink, and there is a safe return home, it may be claimed not to be responsible.

The colleagues in the back did not send him home, but sent him to the hotel.

When it was close to 2 o'clock, the colleague who accompanied him found that he was not breathing, and he called 120 but did not come back.

This still needs to bear a certain amount of civil liability.

What percentage is the general situation.

Description: Just the guest party, different tables, no persuasion to drink, before leaving, there are a few colleagues to go home together.

This is subject to liability.

How much responsibility does the deceased have for himself?

The deceased themselves generally account for 30 to 50 per cent of the responsibility.

The person who treats the guest and dies after drinking, and the person who persuades the drinker to drink shall bear the corresponding legal responsibility.

At the same time, the person who drinks together has a duty of care after the end of the dinner table for the drunk person, and those who fail to fulfill this obligation must also bear the corresponding legal responsibility.

If there is fault, the victim shall be compensated for the personal injuries suffered, and the compensation obligor shall compensate for the various expenses incurred due to medical treatment and the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses. Where the victim dies, the compensation obligor shall, in addition to compensating the relevant expenses provided for in the first paragraph of this article on the basis of the circumstances of the rescue, also compensate for the funeral expenses, the living expenses of the dependents, the death compensation expenses, and other reasonable expenses such as transportation expenses, lodging expenses, and lost work expenses incurred by the victim's relatives in handling funeral matters.

Invite someone to drink, and the host has a duty of safety to the drunk guest. If the host does not bring the drunk guest into the house safely, the host will be held responsible for the accident of the guest. A few days ago, the Changshu court concluded a personal injury compensation dispute caused by the host's failure to send the drunk guest to his home.

Clause.

1. As an adult with full capacity for civil conduct, the deceased guest has a full understanding of his or her physical condition, and should be aware of the harm that drinking may cause to him, including the onset of physical illness and the possibility of no one to take care of him after being drunk, but he did not attach great importance to it, and should be primarily responsible for his own death.

Clause. 2. If it is found that there is a legal causal relationship between the death of the guest and the drunken bath, the person who arranged the guest to take a bath needs to bear the corresponding legal responsibility. Web Links.

There are several common situations in which a person is "drunk responsible" for the death of a person due to drinking.

Deliberately poured alcohol.

Once upon a time, the unspoken rule of "not getting drunk enough friends" was formed in the "wine culture" in many places, so it became a habit to pour alcohol into each other during banquets. In a case of compensation for personal injuries caused by alcohol, if the drinker clearly knows that excessive drinking will cause harm to people's health but still carries out such acts, and the harmful consequences occur, it can be found to be a direct intentional subjective fault, and according to the relevant laws and regulations, the drinker shall bear the main legal responsibility for compensation.

Indulging in drinking.

If a drinking friend "clearly knows that the person with whom he is drinking suffers from a certain illness or has a limited amount of alcohol, or discovers adverse reactions after drinking, or knows other adverse consequences (such as drunk driving), etc., but still does not perform the obligation to dissuade the person who drinks with him, and ignores the life and safety of the "drinking friend" and allows it to develop, thereby causing the personal injury consequences of the "drinking friend", it shall be found that the person who drank with the victim has indirect intentional fault, and according to the relevant laws and regulations, the person who drinks should be ordered to bear it in different circumstances1 3. Legal liability for the above compensation.

Non-bailout.

Due to the existence of the "drinking agreement" between the "drinking friends", the two parties have not only reached a tacit understanding of drinking together, but also have the convenience and characteristics of the easiest to obtain and find out whether the drinker is drunk and whether there are adverse reactions in the process of drinking together, and from the perspective of cybernetics and information dissemination principles, the same drinkers have legal and moral obligations such as timely notification, timely assistance and rescue after discovering adverse reactions. In such a case, if the co-drinker violates one or more or all of these obligations and causes personal injury to other "drinking friends", it shall be deemed that the behavior of the "co-drinker" has the causal force for the occurrence of the harmful consequences, and the "co-drinker" shall bear the corresponding liability for compensation in proportion to the causal force. This view is based on the second paragraph of Article 3 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases

Where two or more persons are not jointly negligent, but several acts carried out separately indirectly combine to produce the same harmful consequence, they shall each bear corresponding liability for compensation based on the degree of negligence or the proportion of causal force. ”

Neither party is at fault.

In judicial practice, there has also been a situation where a "drinking friend" only persuades another "drinking friend" to drink a small amount of alcohol, but as a result, the other party's illness or even death is induced, and the person who advises the alcohol does not know his illness beforehand, and the person being advised also believes that drinking a small amount of alcohol will not cause danger. It is based on the provisions of Article 132 of the General Principles of the Civil Law of China

Where the parties are not at fault for causing harm, the parties may share the civil liability on the basis of the actual circumstances. "On the whole, the first three types are subject to the principle of fault liability, and the fourth type is subject to the principle of equitable liability.

Asking a friend to drink and "die", is there a responsibility? Do you think it's reasonable?