The man and his friend fell from the building after drinking more than a dozen bottles of wine, and were sued for more than 100,000 yuan. What do you think of the court's decision on this case?

* * * Drinking with others is a normal social activity. But this kind of activity is dangerous, although the participants are all * * *

Everyone who drinks knows that drinking can be dangerous, and they all participate voluntarily. However, it is not uncommon for victims or their families to claim compensation from other drinkers after the danger occurs.

For this kind of cases, the court has supported * * * to compensate drinkers, and some have not.

Many people have doubts about this, that is, one

Should drinkers pay for it?

In fact, the responsibility of * * to drinkers is essentially a common fault liability. * * * Whether the fellow drinker is responsible or not depends on whether there is fault. This fault is reflected in whether the corresponding meaning is fulfilled.

Service.

Generally speaking, in the process of drinking with * * * *, drinkers have the obligation not to persuade and not to drink together. After drinking, * * * will accompany you to drink.

Based on the dangerous activity of drinking together, drinkers have the obligation to take care of each other for drunken people.

If these obligations are fulfilled, even if the drinker dies or is injured, it is not considered to be at fault and does not need to bear responsibility. if

If you don't do it, you will be at fault and need to bear the responsibility.

In this case, although the man's friend took the initiative to contact his friend after drinking, he took rescue measures. But he knew that in the process of drinking with * * *

Knowing that drunkenness may bring danger, people are at fault for men's drunkenness, and their fault is related to men's drunkenness.

Hallucinations, eventually falling, have a causal relationship and need to bear the liability for compensation.

Whether the property management company should bear the responsibility for the death of a man.

As a property management company, it is the manager of the community. According to Article 1 198 of the Civil Code, it has the obligation to ensure community safety.

The so-called security obligation refers to the operators, managers or organizers of mass activities in hotels, shopping malls, banks, stations, airports, stadiums, entertainment places and other places of business, and should do their best within a reasonable limit.

Obligation of others to avoid personal and property damage.

If the property company fails to fulfill its security obligations, it will be liable for compensation.

However, the obligation of safety guarantee does not need to ensure the absolute safety of the owners in the community. This security obligation only needs to be foreseen in advance,

Just do it within the scope of preventive measures.

Specific to this case, the man's death was caused by his running after drinking, and it was difficult for the property company to predict the extreme situation.

Health, the man's death can neither be foreseen nor preventive measures can be taken in advance, so the property management company does not need to be responsible for the man's death. Simply put, this problem has become very common.

The responsibility of fellow drinkers is not the first and will never be the last!

For example, we have been talking about drinking without driving, driving without drinking, but looking at the traffic police to check drunk driving, the result is different, drunk driving,

Drunk driving is not uncommon.

Therefore, it is difficult for sober people to bear the responsibility of drinking together; It's no use trying to persuade an unconscious person.

If there is evidence that fellow drinkers do have the following behaviors, it is inevitable to bear corresponding responsibilities. For example, the behavior of persuading wine, especially the language stimulation of forcibly persuading wine; For another example, knowing that the other person can't drink or avoid drinking because of his physical condition, he still stimulates him to drink; For another example, a drunken person was not safely escorted and handed over to his family and others, resulting in his drunken death or car accident death.

As for the property company, it mainly depends on whether there is obvious misconduct in the property company. If the safety facilities and equipment of the building are complete and standardized, and the property management of the building involved cannot be proved to be at fault, it is impossible to criticize the property company and improve its safety guarantee obligation or duty of care.

The law gives the deskmate the obligation to take care of the drinker, if the drinker

If something happens when you are drunk, the people who eat melons will go home directly, and the people who eat melons will also bear the responsibility. This responsibility of the people who eat melons is a kind of

The responsibility of "helping each other in the same boat" is lighter than the responsibility of fighting and persuading wine. In practice, it is generally 5% to 10%.

Who is most responsible?

Of course, it is the drinker himself who generally bears more than 60% legal responsibility. Adults are responsible, don't take care of themselves, and expect others to take care of you?

In the judgment of this case, I think it is reasonable that the property is not liable, and the obligation of property security should be the public part of the whole community.

If this case is drunk in the public part of the community, finding a property may be a bit of a statement.

It is impossible for the property to notice the specific behavior of every household, so it is impossible to install cameras in every household's home, right?

So the property is not responsible. Almost every answer about wine will bring a sentence: wine is good, but don't drink too much ~

I have drunk countless times over the years, and I have seen accidents caused by too much alcohol.

About last year, my friend told me:

Several of them went out to eat and drink, and one of them brought a girlfriend.

There are some social brothers sitting on the table next to me. I've seen them after drinking too much.

The girl looked good and touched her ass. As a result, she didn't drink less here, so she must be unhappy and almost fought.

Originally, the other party was still crazy because of the large number of people, and had been bragging. Later, friends called the police, and those social brothers ran faster than anyone else.

Let's go

Why tell this story?

Very simple dispute. If you don't drink it, maybe the other party will apologize and it will pass, but the result is the police.

This is still not a battle. In case of more serious fighting injuries, if someone really has an accident, it will really outweigh the benefits.

Yes Especially young people after 00, no one will pay attention to you no matter how much you persuade them to drink.

How to write wine at ordinary times, I also know in my heart: no matter how expensive or good the wine is, it is harmful to your health! 30-year-old Maotai, you drink too much, and the same is true.

Uncomfortable uncomfortable

A person in a liquor store, since you are involved, you are not only responsible for yourself, but also for others.

Someone asked, this is none of my business. He wants to drink it himself.

Then you don't have to attend. If you don't persuade, you have a problem.

Finally, the same sentence: although wine is good, don't be greedy!