What's the situation? A woman in Anhui died in the guest room after opening a room after drinking, and the hotel was sentenced to more than 90,000 yuan in compensation

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"When the room was open that night, her friends were present, thinking that there was nothing wrong..." In Ma'anshan, Anhui Province, the woman Ah Juan (pseudonym) and her friends went to a local string of shops to drink and eat supper. At first, Ah Juan and her friends and others drank beer. After that, someone took out liquor from the car. Dou used liquor to drink with Ah Juan, and the two drank about three glasses of liquor in a row. Dou Mou was in a drunken state due to excessive drinking, and was taken to the hospital by 120 ambulances, and Ah Juan was in a drunken and unconscious state. Soon, the person at the same table used his ID card to open a room in the hotel involved, and together with others, he carried Ah Juan to the room, and then the others left. The next day, Guan Mou found that Ah Juan had an abnormal condition, and after being sent to the hospital, he died after ineffective rescue... (The material comes from Guangming Network, the author slightly sorted out)

1. It's a shame! It is also an accident that happens after drinking together, and practice has proved that drinking is easy to have accidents, and drinking is easy to be wrong! The lessons of these cases are too profound, and you still need to know how to take care of yourself when you go out, otherwise you will harm others and harm yourself...

2. In fact, from the perspective of the previous case, from a legal point of view, there is not much controversy about the relevant personnel of Guan X and Dou X who eat at the same table, especially those who participate in joint drinking or even persuasion, and bear the corresponding compensation liability for Ah Juan's death.

In fact, according to the laws of the mainland, fault liability, self-responsibility, and equal fault are the basic principles of tort liability law. at

In judicial practice, in cases involving the death of a person caused by joint drinking, whether the person who drank together or the person at the same table is liable or not should be treated differently.

Among them, co-drinkers have the obligation to warn, dissuade and notify other drinkers in the process of drinking, and the obligation to care, care and escort the drunk, which includes placing the drunk in a situation that does not pose a threat to him.

If the co-drinker fails to perform his obligations during and after drinking, when the drinking causes casualties due to drinking, the drinkers at the same table shall bear the corresponding legal responsibility.

That is to say, whether the person eating at the same table bears responsibility lies in whether the perpetrator is at fault, such as whether there is a behavior of persuasion and whether the obligation of prompting and reminding has been fulfilled.

In this case, Guan X and 6 other people dined and drank at the same table with the victim Ajuan, and in fact the two sides formed a civil legal relationship, that is, they had the obligation to persuade, remind and take care of each other. If the co-drinker fails to fulfill the above obligations, it shall be regarded as an act of inaction and shall bear legal consequences. The defendants involved in drinking alcohol in this case should share 30% of the responsibility.

Based on the above line of thinking, the local court assumed responsibility according to the fault of the participants concerned, and ordered 6 people to bear 0.5% to 12% of the compensation liability, and the compensation ranged from more than 4,000 yuan to 110,000 yuan.

3. However, for the hotel involved, it was originally open to do business, and now the guest has an accident in his room, which is very obscure, and even bears the liability for compensation, which can be described as a senseless disaster.

In fact, the hotel involved believes that the result of Ajuan's damage is not caused by the fault of the hotel and has no causal relationship with the hotel; secondly, the hotel is a legal business entity, and has registered the accommodation of the staying customer, even if the hotel is not at fault for Ajuan's visit, this fault is the fault of violating the administrative organ's management regulations on the relevant industry, and there is no causal relationship with this matter.

However, the local court held that the hotel involved did not perform the safety guarantee accident, which was an inaction infringement, and it should also bear civil compensation liability for Ah Juan's death.

In fact, just like the theory of omission in the field of criminal law, inaction infringement in civil legal relations has the following constituent elements:

First, the actor has the obligation to act (as the source of the obligation mainly includes: the obligation prescribed by law, the obligation stipulated in the contract, and the obligation arising from the special relationship between the parties);

Second, the perpetrator has the ability to act;

Third, there is a causal relationship between omission and damage;

Fourth, fault liability must also require the perpetrator to be at fault.

In this case, from the perspective of being a source of obligations, the hotel involved, as the operator of the hotel industry, should fulfill its obligation to care for and ensure the safety of the visitors, and allowed others to carry Ah Juan, who was already in an unconscious state, into the hotel room without registering and checking the identity documents of the victim Ah Juan. In particular, the hotel involved did not register Ah Juan's check-in and allowed others to carry Ah Juan into the hotel room.

It can be seen that the hotel involved did not fulfill its obligation to the safety and security of consumers, and finally there was a certain causal relationship with Ah Juan's accident in the room, which was an infringement of inaction and should bear 10% of the compensation liability, that is, to compensate Ah Juan's family for more than 90,000 yuan.

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