Event Review On the evening of 20021February 10, Wang had dinner with eight people, including Li Mouyong, Rao Mouping, Li Mokuan and Li, at the barbecue restaurant run by Wang Moujun in the town to be supplemented. During the period, eight people, including Wang and Li Mouyong, drank together. The next morning, Wang died unfortunately. After testing, Wang's alcohol content is as high as 500. 1mg/ 100ml.
2021June 65438+6, five people, including Wang's family and Zhao, filed a lawsuit against Li Mouyong and Wang Moujun, demanding that Li Mouyong and others compensate for economic losses of more than one million yuan.
After a preliminary understanding of the ins and outs of the case, the judge in charge informed the people's jurors of the basic case in time to solicit opinions on handling it. After inquiring about the compensation opinions of both parties by telephone, the defendant Li Mouyong and other nine people insisted that they had no responsibility and refused to pay compensation.
Seeing that the possibility of mediation is low, in order to ease the feelings of both parties and avoid the intensification of the situation, the court to be filled subsequently formed a collegiate bench to hear the case in public on September 20021,14. On the second day after the trial, in view of the particularity of the case and the universality of the incident, the presiding judge and the people's jurors organized mediation between the two sides in order to properly handle the contradictions between the two sides and completely settle the grievances.
How did the court decide? During the mediation process, Li Molin and others thought that drinking was a friendly gesture. How could it end in a lawsuit? It is really unfair, but in the face of the sudden death of a friend, Li Mouyong and others expressed guilt. Wang Moujun, the operator of the barbecue stall, also shouted again and again.
In view of this, the judge in charge explained the case from the legal level, and publicized the relevant legal knowledge to the parties, so that both parties made clear their rights and obligations. The people's jurors, on the other hand, convince both sides from the aspect of the world with emotion. With the efforts of judges and people's jurors, nine people, including Li Mouyong, voluntarily compensated five people, including Zhao, for various economic losses caused by Wang's death, totaling 205,000 yuan, and paid 75,000 yuan in court. Both sides expressed great gratitude and praise for the work of the court.
Drinking is risky, so be careful when eating. There are really many such tragedies. Before you go to the wine table, I hope you can understand these basic legal knowledge.
In the following four cases, the table drinker needs to bear legal responsibility and force him to persuade. "If you don't drink enough, you're not a friend", "If you don't drink today, you can't leave" and "Let's see this time" ... Use this language to stimulate the other person to drink, or persuade him to drink when he is drunk and unconscious and has no self-control.
Persuade the other person to drink, even if he knows he can't. For example, knowing each other's physical condition, still persuading them to drink alcohol to induce diseases. Even being punished for intentional homicide.
Failing to escort the drunken person safely. If the drinker has lost or is about to lose control of himself, is unconscious and can't control his behavior, the drinker fails to send him to the hospital or send him home safely.
Drunk driving didn't stop the accident. Knowing that the other party wants to drink and drive but does not discourage it, once something goes wrong, the drinker may have to bear certain responsibilities. However, if the other party doesn't listen, the drinker can be excused.
Is it useful to sign a disclaimer before drinking? As the saying goes, there are policies above and countermeasures below. So a "statement of the parties" appeared, stipulating that you should bear the responsibility for an accident after drunkenness.
After signing such a statement, in case someone drinks too much and has an accident, should the drinker at the same table still be responsible?
In this regard, the lawyer said that even if the disclaimer is signed in advance, if there is an accident with the drinker and there are four behaviors we just mentioned, the drinker at the same table still needs to bear legal responsibility. In other words, this explanation is useless for the above four situations. Everyone in the liquor store has the obligation to take care of each other.
Although drinking at parties is indispensable, Brother Lafeng feels that as an adult, he should be responsible for himself and learn to avoid risks rationally! In short, less persuasion, no drinking, benefit others and benefit themselves.