three drinking buddy invited Zhao alcohol, resulting in duty of care. They know that excessive drinking Zhao, and one at home unattended when not promptly notify the Zhao family, but did not keep people care, leading to Zhao choked to death, not entirely to security duty, and the fact that Zhao's death with the indirect, secondary causation, which also has three general negligence,[url=http://www.moncler-online.de/]Moncler Outlet Online[/url], should be a certain percentage of shared responsibility. (Man, parties are not his real name)
this point, both sides refused to compromise further. MSC County Court mediators that lead to differences between the two sides of the main reasons is that three drinking buddy is always subjective fault that he did not fulfill the limited capacity; and family of the deceased daughter of a party that the deceased was only 14 years old, outstanding, to eight years of college time helpless.
3 drinking buddy of the family to bear 1 / 4 duty
wine Bureau has invited three friends, pleased to go. Some drink, drink high Zhao quickly, was sent home, settled in bed. The next day, a few friends that accident, has been the state of Zhao sleep drunk, drunken vomit blocking the respiratory tract, has been choked to death. Zhao family members that the three friends did not make the obligation to take care of Zhao, was led to his death, thus requiring three compensation 450,000, the result did not get recognized, both the intensification of conflicts. Recently, the MSC County Court and the judiciary, police efforts, successful mediation of this dispute, compensation for families of the deceased three common drinking buddy 14 million.
case, the deceased and the death of Zhao my excessive drinking has a direct, causal relationship between the main, he, as full capacity for civil conduct, knowing the dangers of drunk, does not control drinker, has its own major fault, the consequences of their actions should bear the main responsibility.
three drinking buddy that invited Zhao drinking intentions, he did not drink more than usual that day, they also try to drink within the awareness level of care obligations of Zhao's death is not the fault of negligence, out of sympathy, and then each person is willing to compensate 3,000.
MSC County Court, local judicial, police station separately mediation, after four repeated representations of the deceased party's compensation expectations, from 45 million to 350,000 yuan to 250,000 yuan but then dropped to 20 million, while the three drinking buddy from the person is willing to compensate 3,000 yuan to 5,000 yuan and 40,000 yuan to 20,000 yuan and then.
Zhao received a single personbut the dead one that Zhao definitely too much wine that day, or do not send him home, but also did not inform Zhao family, but did not keep people care, there must be some fault, requiring three drinking buddy 25 per cent of their liability. Huge differences between the parties, mediation temporary stalemate down.
After the incident, three drinking buddy pre-treatment according to the views of the public security organs, the families of the deceased co-pay of $ 10,000.
■ Judges Comments
5 22, Zhao family dispute mediation center to the town, the people's mediation committee for mediation, Zhao advocates annual income of 40,000 yuan,[url=http://www.moncler-online.de/]Moncler Outlet Online[/url], the death of more than 40 years of age, resulting in expected losses million, Even if the personal injury compensation, there are nearly 60 million of losses, plus the death of his wife Zhao a few years ago, in junior high school second-grade daughter was orphaned three drinking buddy asked to bear the loss.
Wang Xiaoyan Guo Yuxiang at Aviva
110 Alarming the scene survey found that Zhao blocked due to vomit after drinking the respiratory tract, causing shortness of breath and suffocation.
next morning, call a friend to Zhao, Zhao tried to get the situation,[url=http://www.moncler-online.de/]Moncler Outlet Online[/url], who knows too long after all the phone rang unanswered. He hurriedly rushed to the Zhao family knocked on the door, still no response, and quickly found his father Zhao, used key to open the door, Zhao found lying on the bed, breathing stops.
Zhao given as soon as both sides hope the dead After three rounds of mediators and mediation, the end of May,[url=http://www.moncler-online.de/]Moncler Outlet Online[/url], the families of the deceased party claims fell to 14 million,[url=http://www.moncler-online.de/]Moncler Outlet Online[/url], three drinking buddy finally accepted the responsibility of the mediation program.
Zhao bear the main responsibility for alcohol death
According to fault, against the civil rights of others, shall bear tort liability. The perpetrator can not prove that he did not fault, but also should bear tort liability. The party causing the damage did not at fault, according to the actual situation, civil liability shared by the parties.
the two sides eventually agreed to pay 140,000 yuan
5 20 afternoon, the work of a town in the county MSC Hemou Zoumou, deng on campus to play basketball, after the phone invite death of his wife several years, working at the post office friend Zhao, Hemou home to dinner together. During the reception, four drink a lot of foam with wolfberry Erguotou. Sanxi, everyone that Zhao should not be driving a motor vehicle, they set out from the pack Dengmou Zhao, Zoumou followed him back home. Zhao widowed for many years because no one care, they will help him to bed, then their back.
sent home drunk the night of sudden death
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