After drinking, Lao Yang was walking in the residential area. Because he was confused at the time, he wobbled while walking and knocked down Lao Xu, who was taking a stroll in the same community. Lao Xu was sent to the hospital for treatment and was diagnosed with a comminuted fracture of the left tibial plateau. Later, Lao Xu sued Lao Yang in the Haidian Court. Under the court's mediation, both parties reached a settlement, and Lao Yang paid compensation to Lao Xu.

Case Overview

Plaintiff Lao Xu claimed that Lao Yang, while drunk, collided with him while walking in the residential community, causing him to be sent to the hospital, where he was diagnosed with a comminuted fracture of the left tibial plateau. Judicial appraisal determined that his injuries constituted a level ten disability. Therefore, he requested Lao Yang to compensate for medical expenses, nursing fees, disability compensation, and other costs. The defendant Lao Yang argued that he drank too much at a dinner with friends on the day of the incident and accidentally knocked Lao Xu down while walking in the community. Lao Xu was sent to the hospital for treatment that day, and Lao Yang felt very guilty about injuring him and agreed to compensate Lao Xu for reasonable losses. Under the court's mediation, both parties reached a settlement, with Lao Yang paying the compensation to Lao Xu in court, and both parties had no further disputes regarding the case.

Court Explanation of the Law

It is not unreasonable for friends and relatives to drink at gatherings. However, light drinking can be pleasant, while drunkenness can cause headaches. After drinking, one may lose consciousness or control over behavior. Lying on the roadside while drunk poses risks to personal safety, and uncontrolled behavior while drunk, such as breaking objects or injuring others, poses a threat to the property and personal safety of others.

Some may think that old Yang was intoxicated at the time and his consciousness was unclear, which is why the tort occurred. However, drunkenness cannot serve as a legal excuse to evade civil liability. Although some people may lose clear consciousness or the ability to control their actions after drinking, old Yang was completely sober at the beginning of drinking. In other words, old Yang made a conscious choice to drink while sober, eventually causing himself to become intoxicated, and should therefore bear the legal responsibility for his actions while drunk.

Article 1190 of the Civil Code stipulates that a person with full civil capacity who temporarily has no awareness or loses control of their actions and causes harm to others due to fault should bear tort liability; if there is no fault, appropriate compensation should be provided to the victim based on the person’s financial situation. A person with full civil capacity who temporarily has no awareness or loses control of their actions due to intoxication, abuse of narcotics, or psychiatric drugs and causes harm to others shall bear tort liability.

Thus, drunkenness does not exempt one from responsibility. Uncontrolled behavior after drinking not only affects personal image but also the safety of oneself and others’ property. Therefore, it is advocated to drink responsibly and live a healthy life:

First, fully understand the dangers of excessive drinking, and approach drinking scientifically and rationally. Control the frequency and amount of drinking, drink within your capacity, and avoid overindulgence to prevent losing control of your actions.

Second, treat alcohol culture correctly and rationally, and avoid forceful persuasion or excessive drinking. Drinking among friends and family is meant to foster communication and friendship. Drinkers should avoid malicious or coercive encouragement to drink, and have an obligation to kindly remind, advise, or take care of those who are intoxicated.

Third, choose suitable places to drink. Drink in safe and legitimate venues, and avoid dangerous areas or places prone to conflict.

Fourth, pay attention to safety after drinking. Sleeping drunk on the street or walking alone while intoxicated greatly increases the risk of traffic accidents or other incidents. After drinking, it is best to have family or sober friends accompany you home. If you must go home alone, inform your family of your route and expected arrival time in advance.

(All names in the text are pseudonyms)

This article is reposted from the WeChat public account 'Beijing Haidian Court', with thanks!