Brief of the case

     In January 2024, Zhou invited Huang and Qiu to have dinner at a restaurant operated by Ni to discuss matters, during which the four consumed a total of two bottles of liquor. After the meal, Qiu paid for the meal, and Huang, Qiu and Zhou returned home respectively. At 8 o 'clock in the evening, the family found that Zhou was in abnormal condition and called 120 first aid, and the emergency personnel announced that Zhou was dead at the scene. After identification, ethanol was detected in Zhou's blood sample, and its content was 220mg/ml, which was consistent with the death caused by ethanol poisoning. Zhou's family then sued the court, asking Huang, Qiu and Ni to bear the liability for compensation.

Court hearing

    The court held that citizens' right to life and health is protected by law. In this case, the drinking death of Zhou is the result of the conversion of the previous friendship into an act of tort, and legal relief should be given.

      Zhou is the organizer of the wine bureau, Huang, Ni, Qiu is the one who drinks with the meal. Huang and Qiu, as co-drinkers, although they did not improperly persuade Zhou to drink or drink alcohol, they failed to send Zhou home to their relatives to take care of or timely notify their relatives after drinking, and failed to fulfill their obligations of escort, notification and care within a reasonable range, resulting in Zhou's death due to alcohol poisoning, which is a certain fault and should bear the corresponding responsibility. Ni Mou, as a co-drinker, although drinking less, but knowing that Zhou Mou had an accident due to drunkness also allowed him to drink a lot in the restaurant he operated, failing to fulfill the obligation of reminding and advising, leading to Zhou Mou's death due to alcohol poisoning, there is a certain fault, should bear the corresponding responsibility.

     According to the degree of fault of Huang, Qiu and Ni, the court determines at its discretion that Huang, Qiu and Ni shall each bear 5% of the civil liability of the case. Zhou, as a person with full capacity for civil conduct, knows that his body suffers from basic diseases, does not understand to cherish his body, and drinks too much alcohol during dinner activities, which should bear the main responsibility according to law. None of the parties appealed the verdict.

Judge's statement

     Drinking together is a kind of social behavior based on enhancing friendship and promoting social intercourse, and the parties generally have no subjective will to pursue certain legal effects. Therefore, the act of drinking together is an act of friendship and does not directly produce legal binding force. The act of friendship is not subject to the regulation of the law if it is successfully completed. However, if the interests of one party are harmed in the course of the friendship act, the law should give corresponding relief and regulate and adjust the act. Otherwise, there will be damage without relief, which is contrary to social equity. In the case of infringement caused by joint drinking, the basis for determining the liability of the co-drinker is that there is improper behavior in the process of joint drinking, such as forcing and persuading the other party to drink, knowing that the other party can not drink, and persuading the other party to drink, and failing to fulfill the duty of care and assistance within a reasonable range.

     This article is transferred from the "Shandong High Law" wechat public number, thank you!