? In this case, the victim Li XX himself was at fault for the occurrence of the damage and should bear part of the responsibility first. Article 26 of China's Tort Liability Law stipulates: "If the infringed is also at fault for the occurrence of the damage, the liability of the infringer may be reduced". In this case, Li XX knows his physical condition and alcohol consumption best. Although others advised him to drink, Li XX finally drank the wine himself.
In addition, Li XX, as a person with full capacity for civil conduct, is fully aware of his actions and possible adverse consequences. He couldn't resist others' persuasion and chose to drink a lot of white wine, which eventually led to his death. Therefore, the deceased Li XX himself was quite at fault and should bear the main responsibility for the consequences of the damage.
In addition, the eight friends who drank with the deceased Li XX should be jointly and severally liable for Li XX's death, unless they can prove that they did not participate in the active persuasion and did their duty of protection. Article 6 of China's Tort Liability Law: "If the actor infringes upon the civil rights and interests of others due to his fault, he shall bear the tort liability. If the perpetrator is presumed to be at fault according to the law, and the perpetrator cannot prove that he is not at fault, he shall also bear tort liability. " Article 10 of the Tort Liability Law also stipulates: "If two or more people commit acts that endanger the personal and property safety of others, and the acts of more than one of them cause damage to others, and the specific infringer can be identified, the infringer shall bear the responsibility; If the specific infringer cannot be determined, the actor shall bear joint and several liability. "
After the drinker at the same table shows drunkenness, he has not only moral duty of care, but also legal duty of care. The first paragraph of Article 6 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases also stipulates: "If a natural person, legal person or other organization engaged in business activities such as accommodation, catering, entertainment or other social activities fails to fulfill its security obligations within a reasonable scope and causes personal injury to others, the people's court shall support it."
Li Xxx was persuaded by eight friends who were drinking at dinner and was obviously drunk. After Li Xxx was drunk, eight friends did not take necessary rescue measures, seriously took care of Li Xxx or sent him to the hospital for treatment, and did not immediately inform his family, or even no one took care of Li Xxx, which led to the tragedy. Eight parties failed to fulfill their duty of safety care, and there was an indirect causal relationship with the death result of Li XX, so eight drinkers at the same table should be jointly and severally liable for Li XX's death.
Summary: The lawyer reminds that it is a happy thing for friends to get together and contact feelings, but don't force people to drink during the dinner, and take care of others actively after drunkenness, otherwise, once there are adverse consequences, the parties who persuade them to drink will also bear corresponding legal responsibilities.