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Unit potluck drinking death compensation case

Legal analysis: Wang died in the company dinner drinking compensation:

Wang Mou in Zhengzhou, a restaurant work, January 20 last year, the company to thank all the staff for a year of hard work, arranged for everyone to get together at noon. During the dinner, Wang Mou drinking too much, was sent back to the dormitory by colleagues to rest. At 9 o'clock that night, colleagues back to the dormitory found Wang Mou lying on the bed, called him also did not respond, immediately hit the 120, after Wang Mou died after resuscitation. After identification, Li is alcohol poisoning death. To this end, his parents will be the company to the court, requesting compensation for death compensation, funeral expenses, moral damages, etc. *** totaling 836646.8 yuan.

The trial, the plaintiff claimed that the defendant company as the potluck activities of the organizer, the drinking employees have a basic obligation of safety, but the company found that wangmou drinking excessively, but did not do the most basic safety obligations, the company should be responsible for the death of wangmou.

The defendant company argued that, according to the judicial appraisal, wang mou is alcohol poisoning death, and the company dinner is at noon, and in the afternoon still have to work, so the company does not allow employees to drink, but wang mou in violation of the provisions of the private drinking. In addition, wang mou as an adult, know how much alcohol he can drink, should be responsible for his own behavior. In addition, wang mou after drinking, the company leader arranged colleagues to send him back to the dormitory, during which there are colleagues to see him. After the accident, the company contacted the family in a timely manner, and dialed 120, 110, has done its due diligence and responsibility, should not bear responsibility for tort.

The court heard that Wang is the defendant company employees, the company in Wang drunk, there is no evidence to prove that it has done its duty of safety and security, should bear the tort liability, but Wang as a person of full capacity for civil behavior, the consequences of their own behavior may lead to should have sufficient knowledge, and the original, the defendant provided evidence to prove that Wang drinking is their own to drink, the defendant has stopped, he should bear the main responsibility. Should bear the main responsibility, so the company should bear 20% of the responsibility, wang mou should bear 80% of the responsibility. Wang's death produced death compensation, funeral expenses, dependent living expenses and other costs **** 50.8 yuan, the defendant company bear 101,000 yuan, moral damage consolation money discretionary 10,000 yuan, the court then according to law to make the above judgment.

Legal basis: "the Chinese people's *** and national code" Article 1,165 the perpetrator of fault infringement of other people's rights and interests caused damage, shall bear the responsibility of tort.

The perpetrator is presumed to be at fault in accordance with the provisions of the law, and if he or she fails to prove that he or she is not at fault, he or she shall bear the responsibility for the infringement of rights and interests.