Destroyed and died of dining and drinking, and the drinking friends were claimed to be compensated, and finally ...

Although the relationship with the wine clubs is happy, do you know that you want to do his obligation to security? In a friend's party, Xu died of urgent poisoning due to excessive drinking. After the incident, Xu's parents repeatedly negotiated compensation with 7 drinkers, but failed to reach an agreement. The court discussed. The reporter learned from the Guangzhou Baiyun Court today that the case was successfully adjusted in this case, and the parties finally shook hands.

Friends gathering for excessive drinking unfortunate death

In January 2022, when Xu attended a friend's party, he died unfortunately because of excessive drinking. After the incident, Xu's parents repeatedly negotiated compensation with 7 co -drinkers and failed to reach an agreement.

Xu's parents believed that the same drink did not fulfill his obligation to dissuade the dissuasion, and had a fault to Xu's death. He asked seven co -drinkers to bear the liability for damage to the liability for no liability, and then sued to the court.

After reviewing the lawsuit materials of the case, the authorities found that seven co -drinkers were friends with close relationships during their lifetime. Some of the same drinks even had a relative relationship with Xu. The dispute was found in the mediation. The people's mediation officer conducted a pre -complaint.

Judge+mediation staff joined forces to promote mediation

The people's mediators combined with the evidence and statement of the two parties to sort out the ins and outs of the incident. On the one hand, the parents of Xu Xu's parents were soothed and listened to their demands. I advise the drinker to understand the grief of the deceased's parents who lost their daughter, and worked together to make the dispute a big deal and trivial.

For more than three months of communication and coordination, the two sides have a preliminary willingness to mediate. In order to promote the case as soon as possible, after the people's mediator and the officer were negotiated, they decided that the parties to the two parties would go to the Taihe Court for further mediation.

(Mediation site)

Although sufficient mediation preparations have been done in the early stage, on the day of the mediation, there are still great differences in whether the two parties have persuasion behavior, whether they are prompting dissuactional obligations, and whether they should compensate.

The supervisor immediately presented the evidence materials of the case and played the surveillance video at the time of the incident. The people's mediator worked with the parties one by one. After reading the evidence of Xu's parents, it was confirmed that the 7 people who were drinking did not do the improper behavior of advising the deceased Xu. They still insisted on the behavior of sending the drunken Xu home after drinking alcohol. It is willing to make concessions in the amount of compensation.

(The parties signed a mediation agreement)

In the end, under the joint adjustment of the supervisor and the people's mediator, the two parties finally reached a mediation agreement and applied to the court for judicial confirmation. Some drinkers paid Xu's parents on the spot after receiving the judicial confirmation ruling. , Both sides shook hands and said.

There are relevant provisions in the editorial editor of the Civil Code of the Civil Code, and there is an obligation to take care of the joint drinking persons. Whether it is to drink alcohol or persuade alcohol, it should stop. Adults are free to drink, but they should be based on their own safety and personal safety. After drinking, they should also be properly placed on the other party. Such a security care obligor is not only a verbal attention to the safety of the security, but should take more specific safety. The measures are placed in an environment where the drunk person is not threatened. If the co -drinking person fails to fulfill the obligations, when an accident occurs, the same drinker shall bear the corresponding legal liability.

Law link

Article 1,160 of the "People's Republic of China" Article 1,665 Actors shall bear damage to the civil rights and interests of others due to faults, and shall bear the liability for infringement.

It should be preserved in accordance with the law that the perpetrator is faulty, and if he cannot prove that he has no fault, he shall bear the liability for infringement.

Text, Tu/Guangzhou Daily · Xinhua City Reporter: Articles of Association Correspondent: Yunfa Xuan Guangzhou Daily · Xinhuacheng Editor: Zhang Yingwu

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