The man died downstairs in his own community after drinking with his friend, and his family took the friend to court

In daily life, it is common for friends to gather for a few drinks. The incident occurred in Liaoyang City, Liaoning Province. Li, a man, had a dinner and drink with four friends. After drinking, Li died downstairs in his community. In September 2021, it was learned from the court that the Li family took Zhao, Qian, Liu, and Gao to court for compensation.

The court heard the case and found that on the night of the case, Li and Zhao, Qian, Liu, and Gao were drinking together at a tavern in Liaoyang City. Later, Li was sent by Qian to a taxi. In the courtyard of the community where you live. At around 6 am the next day, a police station in Liaoyang City received an alarm from the property in the xx community. The alarm record showed that the xxx property reported that a man fell on the ground next to building 6 in the new district of xx and he was likely to die. Police immediately went out.

The 120 ambulance arrived at the scene and was confirmed dead. Later, he notified the branch technical room and the branch criminal police that he knew from his ID card that the person was named Li and lived in the XX new district. Through online search, contacted Li's daughter Xiaoyu (pseudonym). Li's daughter confirmed in the alarm record by means of remarks, no further processing by the public security is required, and no autopsy is required for death. According to another investigation, Li has been divorced, and Li is responsible for raising his daughter.

Zhao said that it was Li who invited the four of them to have a dinner. After the dinner, he left the restaurant. He was not in a drunk state. He was not drunk. He visually observed that Li did not drink too much, or could not support his body, and left the restaurant consciously. When leaving the hotel, Li stumbled upon a stone to urinate. He took a taxi to Li to the top of the stairs. The top of the stairs was identified by Li. Li had to pay at that time. He said that he didn't need to, and he had to return to the hotel immediately. He thought that Li was sober at the time. The death report was a sudden cardiac death, and he did not agree to compensation. There is no causal relationship between Li's death and the four of them.

The court heard the case and held that, according to relevant regulations, the subject of the security guarantee obligation was the organizer of the mass event, and the Li family did not provide evidence to prove that Zhao, Qian, Liu, and Gao were the organizers of the meal and drinking. , And Zhao, Qian, Liu, and Gao said that this meal was a treat by Li, so Zhao, Qian, Liu, and Gao did not have the obligation to ensure safety.

Secondly, the evidence provided by Li’s family could not prove that Zhao, Qian, Liu, Gao and Li had acts of persuading and fighting alcohol, and Zhao returned Li after drinking together. In the residential community, it is impossible to prove that Li's death is causally related to Zhao, Qian, Liu, and Gao's joint drinking behavior. To sum up, the claims of Zhao, Qian, Liu, and Gao that Li's family claim to bear tort liability and jointly compensate death compensation and mental damage compensation are not supported.

In the first-instance court verdict, Zhao, Qian, Liu, and Gao were not liable for compensation and dismissed the claims of Li's family.