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after a dinner party and drinking, a friend died while driving under the influence. will the drinkers be held responsible? on september 25, the xining intermediate people's court in qinghai announced a typical case recently accepted by the huangzhong people's court. on october 12, 2023, zhang attended a dinner party and drank alcohol. he left the restaurant alone and drove away. he died in a traffic accident. afterwards, his immediate relatives sued 18 dinner attendees for more than 230,000 yuan. in the end, the court ruled that 2 people jointly bear 6% of the compensation liability, and 7 people jointly bear 4% of the compensation liability. the 9 people bear a total of 119,047.45 yuan in compensation.

according to reports, in october 2023, wu received gifts from zhang and other colleagues for buying a new car. on the 12th of that month, he organized zhang and other colleagues to have a dinner at a restaurant in ganhe industrial park after get off work. after the dinner, zhang was unfortunately killed in a traffic accident due to drunk driving. his immediate relatives subsequently sued the 18 people who participated in the dinner, demanding compensation for various expenses totaling 238,148.90 yuan.

according to the investigation, during the dinner, zhang clinked glasses with several colleagues and went to another table to toast. afterwards, some colleagues who did not drink left one after another. the rest of the drinkers, namely zhang, wu, ding, wang yu, deng, li quan, mao, wang moubao, and han, sang and danced together in the private room. during the period, zhang took away deng's phone because he was playing with his phone and not singing. at 22:57, zhang left the restaurant alone without returning the phone to others and without putting on his coat, and drove away, eventually dying in a traffic accident.

after accepting the case, the court communicated with all parties in a timely manner, and conducted investigations and evidence authentication. in the end, the court ruled that the defendants wu and wang yu jointly bear 6% of the compensation liability, which is 71,444.67 yuan; the defendants chen, ding, deng, li quan, mao, wang moubao, and han each bear 4% of the compensation liability, a total of 47,629.78 yuan, and each person needs to bear 6,804.25 yuan. the 9 people bear a total of 119,047.45 yuan in compensation.

after the verdict, the judge explained the law and reasoning, and all parties accepted the verdict and stopped the lawsuit. the defendants have fully complied with the verdict.

●judges interpret the law

drinkers have a reasonable obligation to ensure safety

these include reminders, care, and escorts

the judge pointed out that according to the tort liability confirmed by the civil code, co-drinkers have the obligation to ensure safety within a reasonable limit, including the obligation to remind, dissuade, and notify, that is, immediately remind and dissuade co-drinkers after discovering alcoholism, drunkenness, or adverse reactions, and notify their relatives and friends or relevant social public service departments to eliminate the danger in a timely manner when necessary. at the same time, co-drinkers also have the obligation to assist, care for, and escort, that is, during the drinking process, especially for co-drinkers who may endanger their personal safety due to drunkenness, they should care for each other and provide the greatest possible assistance, personally take care of them and escort them home in time to be taken care of by relatives and friends, and properly look after their valuables, and promptly get them out of dangerous environments or situations.

in this case, because the co-drinker failed to effectively dissuade zhang from driving while drunk, zhang was killed in a car accident. therefore, the co-drinker was found to be at fault and assumed corresponding responsibility.

red star news reporter wang mingping