Current location - Recipe Complete Network - Catering franchise - What is the claim result of the family members of the man who died uninvited and drunk?
What is the claim result of the family members of the man who died uninvited and drunk?
Recently, Wuzhong court concluded a tort liability case of death due to drinking. The deceased died of uninvited drinking, and the family of the deceased appealed to the court for compensation, which was not supported.

The Wuzhong court held through trial that Xu attended the banquet without invitation, drank some white wine during the banquet and was in a drunken state when he left. Su and others who ate at the same table with Xu denied the vicious persuasion. The plaintiff claimed that Xu usually drank about a catty, but when asked, Tang claimed that Xu had drunk three or four bottles of white wine in his box, and about four people were drinking, indicating that Xu had not drunk too much. The plaintiff believes that Lu and Shen have mutual persuasion, but there is no corresponding evidence. As an organizer, Tang arranged for someone to send Xu home after the banquet, and he has fulfilled his duty of reasonable care. Xu was inconvenient to move after drinking and accidentally fell down on his way home. Zhang and others have no subjective intention. After Xu was handed over to his family, his escort obligation has ended. The plaintiff found blood on Xu and did not send him to hospital for treatment. The corresponding responsibility is not in Zhang et al. Moreover, judging from the interrogation transcripts of the people present, there was no conflict during the meeting.

Regarding the cause of Xu's death, the plaintiff believes that one is excessive drinking, and the other is that improper accompanying may lead to craniocerebral injury. But after identification, Xu's blood alcohol concentration was 294mg/ 100ml. Both sides confirmed that the concentration was not enough to kill Xu, and after many investigations, the possibility of Xu's death due to mechanical violence was ruled out. After Xu died, he was cremated without a detailed autopsy. Although Zhang and others admit that Xu fell to the ground on his way home, they deny that Xu landed on his head.

The plaintiff failed to prove the fact that Xu had a head injury. The evidence provided by the plaintiff is not enough to prove that there is a causal relationship between Xu's death and drinking and accompanying behavior, and the defendant cannot be determined to be at fault for Xu's death. The plaintiff's claim for compensation for Xu's death loss was not supported. Defendants Tang, Lu and Wang expressed their willingness to compensate the plaintiff for 5,000 yuan each, while defendants Luo and Zhang expressed their willingness to compensate the plaintiff for 2,000 yuan each. It was their own will to identify and reject the plaintiff's other claims.