Whether the drunk person jumped off the building and died, do you take responsibility?

The parties died drunk and died. The family members brought the co -drinkers to the court to ask for compensation. How did the court judge? Recently, the Changji Hui Autonomous State Intermediate People's Court concluded such a case.

On the evening of 2020, Sun invited Li, Wang, Liao, Wu, and Yu to dinner at home. During the dinner, Yu was sent to the bedroom to rest due to excessive drinking. Wu left in advance. At about 1 am the next day, Li, Wang, Sun, and Liao Mou heard the sound of calling in the bedroom to quarrel with others. He hurriedly entered the bedroom and found that Yu Mou was already standing outside the bedroom window, emotional excitement. Four people immediately persuaded, trying to soothe a certain emotions, and dialed 110 and 120, laid the quilt under the window sill, and then did not listen to persuasion to jump to the first floor to die. After the police investigated the scene, it was determined that in a certain departure to death, he eliminated his killing.

Yu Mou's relatives Yu Mou's death damage compensation compensation with Sun, Li, Wang, Wang, Liao, and Wu did not reach its intention, and then sued to the court and asked Sunmou and others to compensate about the loss of about 680,000 yuan.

After the court trial, Yu was invited to go to his home to dining and drinking at home. It is a normal party between friends. There is no danger in the dinner place, time, and personnel. Yu Mou was filled or persuaded by Sun by Sun, Li, Wang, Liao, and Wu. In the case of excessive drinking, Sun and others considered that it was too late to consider that the sky was too late, and it was not safe to go home alone, and then helped to rest in a bedroom. The behavior fits the care and attention between friends. Later, due to the emotional excitement after drinking, he fell from the window and fell from the window to death. The behavior had exceeded the scope of foreseeing the foreseeable scope of Sun and others. The intention of jumping off the building. When Sun Mou and others entered the house to check in the situation, they found that Yu Mou was already in the window. In order to avoid the occurrence of the consequences of damage, they have fulfilled the obligations of reasonable attention, and there are no faults on subjective. Wang, Liao, and Wu should not be liable for compensation for the result of the damage.

Article 6, paragraph 1 of the "Law of the People's Republic of China" stipulates that the perpetrators shall bear the liability for infringement due to fault infringing on the civil rights and interests of others; responsibility. In September 2021, the court of first instance rejected Yu's claims in accordance with the law, and Yu's relatives were not convinced and appealed.

After trial of the Changji Intermediate Court, a friend's dinner and gathering were normal social communication behaviors that deepened their feelings between civil subjects. Suddenly jumped off the building after drinking. Emergency assistance measures, if they are identified as the obligation of safety attention and bear the liability of compensation, it is undoubtedly a heavier obligation to co -drinking people, which is not conducive to encouraging civil subjects to carry out good social exchanges and restrict people's freedom of behavior. Therefore Maintain the first trial judgment.

Pomegranate/Xinjiang Legal Daily reporter Zhang Weiling correspondent Wang Yijing

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