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The legal responsibility of sudden death while drinking in a bar.

The bar died suddenly while drinking, and the bar has fulfilled its obligation of timely rescue, which is irresponsible.

According to Article 1165 of the Civil Code, if an actor infringes upon the civil rights and interests of others through fault, he shall bear tort liability.

if the actor is presumed to be at fault according to the law, but he cannot prove that he is not at fault, he shall bear tort liability.

article 186 if neither the victim nor the actor is at fault for the occurrence of the damage, the loss shall be shared by both parties according to the law.

if the bar operator is not at fault in the process of providing catering and actively rescues the deceased when he has respiratory and cardiac arrest, there is no basis for the relatives of the deceased to ask him to bear tort liability.

Related case:

Alei's friend Ada invited Alei, Aguang and other friends to drink and sing in a bar box in Hengzhou Town, Hengxian County. After eight friends arrived one after another, everyone drank, sang and entertained until around 24: 11 on April 29th. Ada and other three people left first, and then the other three friends left one after another.

At 1: 31 am on April 31th, the bar was ready to close. When the bar staff were cleaning the box, they found that Alei was unconscious, so they immediately told Ajun who was still at the scene. A Jun immediately asked Chen Mou, the owner of the bar, to carry Alei from the box to the lobby on the 1 th floor of the bar, and then called 121 doctor and 111 police to handle it. When the doctor arrived at the scene, he found that Alei was dead.

After that, the public security organs and Alei's relatives conducted an autopsy on Alei in Hengxian funeral home. The autopsy results of the public security organs showed that "the surface of the body had no symptoms of fighting trauma and poisoning, which was a normal death" and Alei's relatives were informed.

Alei's relatives have no opinions on the results and explanations of forensic identification, and said that further autopsy identification by the public security organs is not needed, and they demanded that the corpse be cremated as soon as possible. After Alei was buried, Alei's relatives failed to negotiate compensation, so they sued the bar owner and the drinker together in Hengxian County Court.

The court held that the evidence provided by Alei's relatives, such as the Record of Inquiries by Public Security Organs, could not prove that Alei died of excessive drinking, and Alei's death was caused by the actions of several defendants. In addition, Chen Mou, the owner of the bar, and Ajun have fulfilled the obligation of timely rescue when they found Alei's physical abnormality. As a result, the court ruled that Alei's death had nothing to do with others and rejected all the claims of his family. At present, the judgment has come into effect.

what are the above references? Baidu Encyclopedia-People's Republic of China and Civil Code of China

? Guangxi News Network-Family members of men who died suddenly after drinking in a bar sued the bar and fellow drinkers.