One midnight in May last year, Xiao Tao was greeted by an army of barbecue shop clerks who had known her for a long time, and was picked up by a barbecue restaurant, and one person sat down to drink. Ah Zhong, Xiao Yong, and Ah Kun were drinking and chatting at another table. Seeing the little peach alone, he wanted to talk. Xiao Yong first came to Xiao Tao to talk, and then Ah Kun invited Xiao Tao to his table.
After Xiao Tao joined, this table asked for another bottle of liquor, Xiao Tao took the initiative to touch the cup with others, Ah Kun and others also had many times to persuade the wine, the four people staggered, but Xiao Tao gradually appeared to drink too much reaction. After that, he was drunk on the table. Seeing this situation, Ah Zhong and Xiao Yong left one after another.
Nearly 4 a.m., Xiao Tao's body began to convulse significantly, and Ah Kun, who was still in the store, and the clerk Army and others argued about who should take care of Xiao Tao.
After that, the army made a simple rescue of Xiao Tao, and the other staff of the barbecue shop called the police. The police called the police and dialed 120. At 4:26, the first responder arrived at the scene, and after identification, Xiao Tao was eligible for acute alcohol poisoning and died.
Xiao Tao's adoptive father sued the barbecue restaurant along with the staff Dajun, Ah Zhong, Xiao Yong, Xiao Kun and others. The court of first instance ruled that Xiao Tao's adoptive father's reasonable loss of 1.91 million yuan was borne by Xiao Tao 80%, the remaining 20%, Ah Kun 12%, and Xiao Yong 8%. The grill bears part of the supplementary liability.
Barbecue Restaurant, Xiao Yong and Ah Kun were not satisfied and appealed to the Shanghai First Intermediate Court. The First Intermediate People's Court held that there was nothing wrong with the court of first instance in allocating responsibility. As a person with full capacity for civil conduct, Xiao Tao has a reasonable and prudent duty of care for her own safety, so she bears 80% of the main responsibility for the outcome of her own death.
At the same time, the judge pointed out that Ah Kun and Xiao Yong actively drank and persuaded to drink, and even continued to persuade Xiao Tao to drink alcohol after drinking a lot of alcohol and becoming drunk. In addition, when Xiao Tao was in a dangerous state after drunkenness, neither of them was rescued, sent to the hospital or reported 120, and the inaction of the two was one of the reasons that caused Xiao Tao to delay the treatment time until his final death.
Source: The official account of the "Case Focus" column