New Year's Party to drink wine first sign the "Life and Death Certificate"? Lawyer: There is still legal liability for these acts

Modern Express News (reporter jiyu) Spring Festival is coming, encounter family gatherings, friends reunion, drinking and eating are indispensable. However, in recent years, accidental disputes over life safety caused by drinking and persuading alcohol have repeatedly aroused heated discussions. On January 20, a Modern Express reporter learned from a lawyer that even if cautious as signing a "life and death certificate", if the drinker has an accident, in some cases, the drinker still needs to bear legal responsibility. Every New Year's Festival, no matter how happy, it is advisable to drink alcohol or in moderation, and try not to persuade alcohol.

【Hot Cases】

The drunken man was killed, and the friend who sent him "home" was sentenced to responsibility

In October 2020, the news that "a man who committed suicide and his friend sent him home was sentenced to responsibility" attracted attention. In Dongguan, Guangdong Province, a drunken man, Huang Mou, committed suicide after returning to the vicinity of his "residence", and Mr. Li, who sent him home, was sentenced to 70,000 yuan in damages.

Mr. Li said that at 5 p.m. on May 10, 2018, he attended a 5-person dinner, and his friend Huang Mou was among them. Huang opened a factory in Dongguan, and Mr. Li and Huang were in business at the time and had only known each other for more than a year. Because he had to drive, Mr. Li did not drink alcohol that night, but Huang got drunk with other friends. After the dinner at 8 p.m., the others went to another place for a late-night snack, and Mr. Li drove Huang home.

Mr. Li said that he did not know the specific address of Huang's family at that time, nor did he know the telephone number of Huang's relatives. But as far as he knew, Huang should live near the factory. Mr. Li said that he sent Huang to the door of the factory, and on the way to send him, Huang also talked to Mr. Li and did not unconscious. No one expected that the next day Huang was found lying on the side of the road near the drop-off point and had unfortunately died. Huang's family took Mr. Li to court on the grounds of improper escort.

The court found that the deceased was not hanged, but because he had not been adequately and thoroughly cared for and escorted after drinking heavily to the point of drunkenness during his lifetime. If Mr. Li handed over Huang to his family in time, it is very likely that this case will not happen. Therefore, citing the Tort Liability Law of the People's Republic of China and other relevant laws, Mr. Li assumed 5% of the liability and the total compensation was more than 70,000 yuan.

After the banquet, the man died of drunk driving, and the organizer, the drinker, and the person who persuaded the drinker were all responsible

After the birthday feast, a man died in a drunk driving car accident, and the man's family sued more than ten people who participated in the birthday feast together to the court for compensation. On January 17, 2022, the Yuzhong County People's Court in Gansu Province announced the verdict of the case, and the banquet organizers, drinkers, and persuaders will bear the liability for compensation.

On March 13, 2021, Zhang Moujun drove a vehicle carrying Wei, Xiang, Qi and others from Yuzhong County to the city to participate in the birthday dinner. During the banquet, Qi Mou, Zhang Moujun and others drank alcohol to varying degrees. After the banquet, a friend who had not drunk alcohol drove Zhang Moujun's motor vehicle and carried Zhang Moujun and others back to Yuzhong from the city.

Wei and Xiang sent Zhang Moujun to the door of the garage of the community where he lived, pushing Zhang Moujun upstairs to go home, Zhang Moujun refused to go home and went to the doorman security room to chat with the security guard. Xiang mou handed over the car keys to Zhang Moujun and left with Wei Mou, and the two did not contact Zhang Moujun's family. Later, Zhang Moujun drove the vehicle alone, and a traffic accident occurred on the way, resulting in Zhang Moujun's death.

Afterwards, Zhang Moujun's family sued more than a dozen people who attended the birthday banquet that day, demanding that they jointly bear death compensation, living expenses of dependents, and compensation for mental damage totaling more than 480,000 yuan.

The court held that Zhang Moujun, as an adult, has full capacity for civil conduct and should have foreseen the risks caused by drinking alcohol, but he still allows the existence of this risk and is at greater fault for his death. Based on the actual circumstances of this case, the court held that Zhang Moujun was mainly responsible for his death and should bear 70% of the responsibility. Qi Mou has a certain act of persuading alcohol and should bear 10% of the compensation liability. As the organizer and the provider of drinks and participating in joint drinking, Qi Mouyi shall bear 10% of the compensation liability. The remaining co-drinkers shall each be liable for 2.5 per cent.

【Lawyer Reminder】

Drinking during the Spring Festival should be careful, and the same drinker should be responsible in 4 cases

In fact, it is common for relatives and friends to toast moderately. However, there are some special circumstances, and drinkers should be careful. Liu Yang, a lawyer at Tahota Nanjing Law Firm, analyzed that if there are the following four situations, the drinker and the drinker need to bear the liability for compensation.

"The first to bear the brunt of it is compulsive persuasion. For example, deliberately pouring alcohol, using words such as "not drinking enough friends" to stimulate the other party to drink, or when the other party is drunk and unconscious and has no self-control, he is still advised to drink. Liu Yang said that in addition, he knew that the other party could not drink, but still advised him to drink. For example, if you know that the other party is unwell and still persuade him to drink alcohol to induce diseases, the drinking friend will bear part of the responsibility.

When the drinker has lost or is about to lose control of himself after the meal, the drinker has not sent him to the hospital or safely returned home, and if there is an accident, the drinker will also bear certain responsibilities. Not only that, but there is also a kind of behavior that is easy to be ignored, Liu Yang reminded, "Drunk driving behavior is not discouraged, resulting in damage such as car accidents." In the case of knowing that the other party is drunk and driving without dissuading, once an accident occurs, the drinker may also need to bear certain responsibilities. ”

At the same time, in the past two years, a "disclaimer of responsibility" for party drinking has been circulated on the Internet, which was called "life and death" by netizens. So, after signing this "life and death certificate", once there is an accident, can the drinkers at the same table really be exempted from liability? Heng Xiaochun, a lawyer at Jiangsu Shundian Law Firm, explained that from the perspective of the Contract Law of the People's Republic of China, there is a possibility that the exemption agreement for personal and property damage that may occur after drinking alcohol is invalid, so the exemption commitment cannot have the effect of exemption from liability. If it is from the perspective of personal and property damage to oneself and others that may occur after drinking, according to the provisions of the Tort Liability Law of the People's Republic of China, it is necessary to bear tort liability according to law, because there is a causal relationship between the consequences of infringement and drinking and related acts according to law.

"Judging from the effective jurisprudence formed in judicial practice at present, there are almost no cases in which the duty of care and related legal liabilities of those who drink at the same table are exempted from liability because of oral or written disclaimers." Heng Xiaochun said that therefore, the commitment to exemption from liability after drinking does not have legal effect and cannot become a exemption document for the same drinker and related subjects.