"I hope Chihaohehao guests!" This is the wedding toast in the new people often say a word. Chi and Mary in the small wedding, there are guests to drink high, even can not afford to leave this world for a sleep. It seems the families in grief, the couple drinks upon to cause the direct cause of his Dell MN151 Battery. Hey happy event led to a lawsuit, the couple quite helpless. Whether in the wrong wedding toast in the end? Whether the newcomers, while the wine but also to remind guests of the hazards of alcohol? Recently, the Guangzhou Intermediate People's Court over this "Red dispute" made final, the couple is not at fault, as appropriate, share the 1.8 million civil liability.
Tragedy: the wedding guests Zuisi booze
April 7, 2009, tied the knot in a small Chi and Mary (both his real name) in Zengcheng relatives and friends in a restaurant banquet. As a small Chi colleagues, Amin (pseudonym) is pleased to attend the meeting, and active. In the banquet process, Amin red wine all down the belly, but also to the other tables toast, not many will be warmed with wine. 21 am, my colleagues see Amin Amin unconscious drunk, they drive their home. Home soon, his parents have found abnormal Amin, quickly found a village call 120. Let everyone did not realize was that Amin at 0:30 the next day after Xu died. Identified, Amin disease in patients with coronary atherosclerosis, fatty liver disease (severe) based on the disease, due to acute ethanol (alcohol) poisoning, caused by respiratory and circulatory failure and death. Joy has gone to dinner, this sudden tragedy to Amin's family could not accept. They will be sent to a small fire, Chi and Mary who said the two tried to Amin in the wedding of excess drinking, is the leading direct cause of death of their alcoholism, so the two men to court, asking them to pay compensation responsibility.
New: not only urging people to drink a toast
Wedding changed the outcome of the lawsuit so that small relaxation and Mary are helpless. Chi said the small, wedding night, Mary did not drink. Drinker is not high when he started at the wedding toast to all the visitors first, and then respect one per table, and then return to their table a toast to all, and not on who the drinks upon. He because the numerous liquor Dell pc764 Battery, 8 pm to go first, even the guests are too busy to think to send. Several guests attended the wedding party also confirmed in the toasting process, the small Chi did not force drinks upon. Amin contrary, drink a lot. Serve, he was drinking red wine. Alternating red and white in the dining also to drink, and toast to another table. Drunk, Amin will continue to drink.
Focus: new people should be reminded to drink less?
Little Chi and Mary that is not their fault for the death of Amin, but still willing to do our best to compensate the families of 1 million. Zengcheng Court of First Instance that Amin is a full capacity for civil conduct, and on my physical health is generally quite clear, Amin attending the wedding process, caused by alcohol syndrome in patients with coronary atherosclerosis, fatty liver (severe) based on the disease, due to acute ethanol (alcohol) poisoning, caused by respiratory and circulatory failure and death. There is currently no evidence that the new force drinks upon behavior, Amin responsible for their own responsible.
First instance: to give some compensation for new
Given the small Chi and Mary agreed to grant adequate compensation to the specific circumstances of the case to the court that the small Chi, Mary compensation for 1.8 million. Sentence, the Amin family members were dissatisfied and appealed to the Guangzhou Intermediate People's Court. They believe that the small Chi, Mary dinner guests, offers guests a large number of alcoholic liquor, wine. As the organizer of the banquet, the guests should anticipate alcohol may be dangerous and detrimental to health consequences, and therefore must take responsibility, appropriate way to prevent the negative effects of drinking the general duty of care, which is the organizer of the accompanying obligations. However, the small Chi, Mary does not fulfill its obligations, there is no drinking before the appropriate way to remind the guests, when Amin drunk unconscious, foaming at the mouth of the occasion, and no timely alarm or call 120 ambulance, the ambulance was delayed in real terms time. Whether or not they go ahead, we can not remove the accompanying safety obligations. Because of neglect to perform a new party planner accompanying security obligations owed, there is no appropriate way to prevent the harm or prevention of alcohol, with obvious faults, resulting in serious damage to the consequences of the death of Amin, should be compensated. Accordingly, the family has also filed a total of 194,297.55 yuan amount of Dell inspiron 1210 Battery.
Outcome:
Not new
Security obligations set
Guangzhou Intermediate People's Court of second instance that, as adults, Amin should have knowledge of their own health status, due to excessive drinking and the risks and consequences that may arise can be foreseen, and for their own health and safety shall make its best duty of care. Guests are reflected, Amin was in the wedding drink more, and there is a toast to the case of other tables. Amin identifiable direct and underlying causes of death is due to its lack of control, resulting in the wedding drunk too much alcohol caused.
According to the testimony of witnesses, the small Chi, Mary at the wedding toast to the guests behavior, and not enough to cause Amin drunk, so drunk they died because of the consequences of Amin does not have a fault. For the small Chi, Mary Amin personal security is responsibility of the accompanying obligations. Court held that the obligation to adjust the security business in the accompanying obligations of the operator. Little Chi, Mary held the wedding is not a commercial sex act, the two of Amin will not take legal safeguards obligations. The Amin family members that held a wedding Dell studio 1535 Battery, should assume responsibility for security will be sent home Amin's legal obligations, the claim does not meet the common sense, has no legal basis. Eventually, the Guangzhou Intermediate People's Court rejected the appeal and upheld the original verdict.
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