China Foshan Intermediate People's Court a judge in chambers

[moer1ne7fyi 0]

's Court announced a few days ago the "drunken infringement case, and not to please people drunk drinking. The event drink three days sudden cerebral infarction in a chemical enterprises working in the administrative manager Zhang Ding Mou, Xiemou fellow, the high of a company's general manager Zhang. January 6,

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, 2010, Ding Mou invited Zhang and the high of a well Xiemou to Shunde food court at a hotel for dinner. High of a night, something did not go to dinner,

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. After a night of drinking, Zhang vomiting and the coma, ä¸æŸ quickly contact Zhang's ex-wife, Hwang receive them home. According to Hwang recalls, her drive past, Zhang has been sleeping on one side does not respond, the food spit on the ground and who handled Zhang body dirt waiter barely help, and lifted him on the train home. Drink on the third day, Zhang suddenly collapsed on his way to work, the woman was taken to hospital, the hospital diagnosed Zhang as cerebral infarction. Zhang is during a meal were Ding Mou, and Xiemou constantly urging people to drink, and that led to its depth of drunkenness, the high of a commissioned its feast loss should also be liable for damages caused by their drunk, ordered ä¸æŸthe Xiemou, a trio of high-court, three of its loss of more than 40 million medical expenses jointly and severally liable. The accused fellow party drinks upon the court does not exist, Xiemou, constantly urging people to drink that day simply to eat and chat and free to drink, do not exist. Cerebral infarction is a long-term chronic changes,

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, Zhang drink three days ago with the defendant on the grounds its onset, the defendant liable for damages has no basis. Ding Mou also agree opinions of xiemou, the same time, he also believes that Zhang after the onset of his several trips to visit as a fellow and friend. Plaintiff requested financial support, he has given $ 1 million on grounds of economic hardship, Zhang receipt shall be issued in writing no longer make any request,

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. The high of a view that the evening dinner is not the truth for official business, but Zhang their fellow party and did not participate, there is no infringement, should not bear the responsibility. During the trial the plaintiff to bear 80% of the responsibility for the first trial, the court in accordance with the law commissioned a Foshan Forensic Center Zhang's degree of disablement and whether their condition is a causal relationship identification and Alcoholism, concluded that Zhang cerebral infarction, motor aphasia up to six level disability, mild mental defect of seven disability, the drinking behavior Zhang cerebral infarction predisposing factors. The Court of First Instance that, combined with expert opinion, should be presumed that night drinking behavior is a predisposing factor in the pathogenesis of. Zhang and his ex-wife Hwang's testimony of view, in fact,

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, that night really excessive drinking, Ding Mou, Xiemou As common drinking partners not time to discourage the plaintiff's drunken behavior and to discourage the defendant did not timely relationship, the two The defendant should bear some fault liability. The plaintiff as an adult, not to control their drinking behavior caused by their own drunken major fault on her own. Analysis that causes the plaintiff,

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, Zhang cerebral infarction disease related losses, the common drinking the conduct of the parties and the plaintiff's own health reasons and other factors should be considered to share losses combined with accreditation bodies. Accordingly, the plaintiff Zhang its bear 80% by the defendant Ding Mou, Xiemou each bear 10% is appropriate. The Court also believes that, Zhang charged defendant ä¸æŸ 1 million after that no longer put to him any request, no evidence to confirm the existence of a material mistake,

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. Zhang their right to make their own punishment is legally valid, and should be legally binding. The plaintiffs are now once again asked the defendant ä¸æŸ compensation without justification, the court shall not support. Ding Mou said in the lawsuit are willing to compensate Zhang 15,000 yuan, the court recognized. High certain whether it should bear responsibility, the court held that the plaintiff failed to provide evidence that high of a by assignment or commission, and the plaintiffs in the lawsuit that the day drinking behavior with the company he has nothing to do, the court held that Zhang requiring high a commitment liability without factual and legal basis. Judgment, Zhang Xiemou appeal,

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. Zhang believes that the Court of First Instance required to bear 80% of the responsibility is too high, Xiemou, Ding Mou failed to promptly sent to the hospital for treatment, not entirely positive treatment obligations. Court of First Instance ä¸æŸ notify families of the scene on the grounds, and dispense Xiemou, Ding Mou's obligation of relief is inappropriate, the two should bear the responsibility of more than 70%. Xiemou think, even if the expert conclusions found drinking behavior occurrence of cerebral infarction induced role behavior caused by heavy drinking is also Zhang Mouping dinner with Xiemou not associated with a small amount of alcohol. Foshan Intermediate People's Court that the trial verdict is not inappropriate, Xiemou, Ding Mou Zhang that night vomiting, coma condition soon notice their adult family members who are connected to their home, intoxicated persons placed under the control of their adult family members duo's approach is consistent with the average person's usual approach; Zhang adult family members were not required to Xiemou, Ding Mou to help Zhang rushed to hospital, Zhang nor the next day to the hospital for treatment, Zhang requirement Xie a, Ding Mou shoulder anomaly compared with more attention to the duty of assistance, then the judgment rejected the appeal and upheld the original verdict. â–* Glossary sip duty of care Weng Feng, China Foshan Intermediate People's Court a judge in chambers, say, sip the duty of care is mainly reflected in the "drinking" and "drunk" two aspects: sip drinks upon whether it constitutes infringement If you knew or should have know each other because of physical illness can not drink or drink from people expressly limited due to inability to drink or physical condition, and other reasons can not continue drinking, still against their will, to persuade them to drink from, they have the damage to the health of others intentionally or negligently . If knowing each other Department of Motor Vehicles driver or engage in other occupation should not drink, still persuade them to to sip or without dissuade constitute infringement. Conversely, if the sip people do not know if to continue urging people to drink to have a similar immediate danger, it would be inappropriate identified advised to drink sip person acts constitute infringement. Drinkers already drunk, drinking behavior is out of control or signs of out-of-control, it should be recognized that other drink from knowing that this person has drunk, sip should be a relief. The common drinkers obligations care assistance and escort duty, sip people was already drunk and may be in danger, the other an obligation ambulance rescue drunk people sip should immediately notify their adult family members to take care of or escort their home meet the usual way normal people, drunk people out of danger status. â–* Related the package tours drifting knocked the Wounds of tourists who foot the bill The court held that scenic place adequate lifesaving equipment not drifting tool sentenced to compensate 69,000 yuan Nanfang Daily (Reporter / Huang Yan Zi the correspondent / Hong Zongjian He Binning) with my colleagues to join a tour organized rafting day tour, did not expect the accident knocked into ten disabled. The injured tourist, travel agencies and scenic spots, who "pay" Yesterday, the reporter learned from the Sanshui court, the injured tourists Wu Ms. scenic 6,

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.9 million compensation,

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. In August last year, Ms Ng with colleagues to participate in a tour organized rafting day tour. Ms. Ng at a sharp turn, the ship was stuck unable to move. "It was no scenic personnel to handle the ship is not equipped with oars and other appliances to our own for risk." Ms. Ng said, a few minutes later, the boat she was riding behind the boat washed down knocked, she also fell into the water where injured and hospitalized for 70 days. Identified, Ms. Ng injuries constitute ten disabled. Compensation issues, in April this year, she will travel agencies and travel companies operating attractions divisions on the court. This Sanshui court held that the scenic spots should ensure rafting tourism services provided in line with the requirements of the protection of personal and property safety of tourists rafting tours, adequate life-saving equipment that should be placed on a rafting tools, and should be easy to accidents in hazardous locations, arrange to be responsible for the safe custody. But in this case, because Ms. Ng injured scenic drifting from her not fulfill security obligations, against Ms Ng's personal health rights, to cope with the loss of Ms. Ng liable for compensation obligations. At the same time, due to the fault caused the injury, so his opinions and travel agencies responsibility not support the request in the present case, Ms Ng was no evidence of organization rafting activities of travel agencies. Therefore, the Court of First Instance judgment by scenic compensation Ms Ng was 69,321 yuan, travel agents do not bear civil liability. (Original title: drunken disability the 2 wines Friends of bear responsibility for two percent)

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[ThiagoT2 2]

lol .

Amigo isto nao tem anada a ver com a area !

{ UMA HISTORIA BEM INTERESANTE KKK }