Mr. Yan invited Mr. Fan, a "little boy", to his home for dinner and drinking. As a result, Mr. Fan, who suffered from coronary heart disease and hypertension, died suddenly after drinking. Mr. Fan’s family believed that Mr. Yan failed to fulfill his duty of care and attention after Mr. Fan drank, and sued Mr. Yan for compensation. After hearing the case, the Xicheng court found that Mr. Fan still often dined and drank with friends when he was ill, and should be mainly responsible for his sudden death. However, Mr. Yan knew that his friend was ill, failed to fulfill his duty of care, failed to give assistance at the best time, and there was a certain fault. He ordered Mr. Yan to compensate Mr. Fan’s family for more than 75,000 yuan according to the 5% responsibility ratio.
Friends get together and die suddenly after drinking
On April 13th last year, Mr Yan invited Mr Fan to his home for dinner. Mr. Yan said that during the meal, Mr. Fan drank two or two pieces of yellow rice wine first, Mr. Yan drank half a catty of Erguotou, and then the two began to drink beer. Mr. Fan drank three bottles at most. After dinner, the two men rested in Yan’s house. After sleeping for a while, when Mr. Yan got up and went to the toilet, he found that Mr. Fan did not respond. He quickly dialed 120 and called the police. When the emergency personnel arrived at the scene, they confirmed that Mr. Fan had died.
After identification, the alcohol content in Mr. Fan’s heart blood was 90mg/100ml, and his death was due to sudden death after drinking.
According to medical common sense, the amount of acute alcoholism is generally 70 to 80 grams, and the lethal dose is 250 to 500 grams. Mr. Fan’s blood alcohol concentration is slightly higher than the drunk index, which should not be enough to reach the lethal level. However, Mr. Fan has a history of coronary heart disease for 6 years, hypertension for more than 10 years, cerebral infarction for 22 years, hyperlipidemia and fatty liver. For patients with hypertension, hyperlipidemia and coronary heart disease, sudden death may indeed occur after drinking. As a friend, Mr. Yan also knows that Mr. Fan has a bad heart and has fainted twice.
Family members claim to court.
Mr. Fan’s family sued Mr. Yan to the court, arguing that Mr. Yan was at fault for letting him drink yellow wine and beer knowing that Mr. Fan was in poor health. In addition, Mr. Fan was not sent to the hospital in time, which led to his final death. The family asked Mr. Yan to compensate according to the 60% responsibility ratio.
In court, Mr. Yan said that after drinking, Mr. Fan was conscious and had no discomfort. After discovering that Mr. Fan was wrong, he called 120 in time and called the police. There was no fault in Mr. Fan’s death.
The hostess is responsible for 5%
The court held that according to the alcohol concentration in Mr. Fan’s blood and the existing evidence, Mr. Yan did not actively persuade Mr. Fan to drink too much during the drinking process. While Mr. Fan knew that he was suffering from hypertension, hyperlipidemia, coronary heart disease and other diseases, he still often dined and drank with friends. On the day of the incident, he failed to control the amount of drinking, paid close attention to his physical changes, and eventually died suddenly. He should bear the main responsibility.
For Mr. Yan, knowing that his friend suffers from coronary heart disease and high blood pressure and is not suitable for drinking too much, he still invites Mr. Fan to his home to provide drinks and meals. Mr. Yan should have a higher duty of care in the process of drinking. Not only should we not actively persuade people to drink, but we should also remind and dissuade Mr. Fan appropriately, but Mr. Yan failed to fulfill the above duty of care and was at fault. Moreover, Mr. Yan drank half a catty of white wine and beer by himself, which led to his inability to maintain a high degree of clear consciousness, so that Mr. Fan failed to rescue him at the best time when he was unwell, and Mr. Yan was also at fault.
Therefore, the court held that Mr. Yan was at fault for Mr. Fan’s death, and decided that the proportion of his responsibility was 5%, and sentenced Mr. Yan to compensate Mr. Fan’s family for death compensation, funeral expenses and spiritual damages totaling more than 75,000 yuan. (Reporter Sun Ying)