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Law

To put it through a case | Do people who drink at the same table have to bear the responsibility for an accident?

2022-10-31   

Case: Xiao Wang and three colleagues arranged to drink together in a restaurant after work. After three rounds of drinking, Xiao Wang and his colleague Xiao Liu made a bet. They agreed that as soon as Xiao Wang finished a bottle of Baijiu at one go, Xiao Liu would lose 500 yuan to him. Then, Xiao Wang picked up a bottle of Baijiu and drank it all. Before long, Xiao Wang fell to the ground and died. Are the three colleagues drinking with Xiao Wang responsible? Use cases to explain the need. The three colleagues, as co participants, had behaviors such as persuading others to drink and stirring up others. They did not fulfill the corresponding duty of care, so they must bear the corresponding responsibility. Article 1165 of the Civil Code stipulates that if an actor infringes upon the civil rights and interests of others due to his fault and causes damage, he shall bear tort liability. If the actor is presumed to be at fault in accordance with the provisions of the law and cannot prove that he is not at fault, he shall bear the liability for tort. Article 1168 of the Civil Code stipulates that if two or more persons jointly commit a tortious act and cause damage to others, they shall be jointly and severally liable. (Liu Xinshe)

Edit:Yi Bing Responsible editor:Wei Li Bin

Source:people.com.cn

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