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Chapter 359 Who is responsible for alcohol poisoning at the banquet

Gao Feng and Haoyu returned to their alma mater together, and reunited with Zhang Qiang who stayed at school.The classmates haven't seen each other for many years, so they can't help but treat them with a banquet and drink a lot.After drinking for three rounds, all three of them were a little drunk. Haoyu said that his alcohol capacity was limited and he could not drink any more.But Gao Feng had a straightforward personality, and said: "Today, you, Haoyu, can't let everyone down, you have to drink to your heart's content, and you won't go home until you're drunk." Seeing what Gao Feng said, the three of them continued to drink.During the dinner, Haoyu suddenly passed out on the ground.Seeing this, Gao Feng and Zhang Qiang rushed him to the hospital for treatment. He was diagnosed with severe alcoholism and spent 3 yuan in medical expenses.After being discharged from the hospital, Haoyu found Gaofeng and asked him to bear the medical expenses, but Gaofeng said: "Your own health is not good. Besides, I invited you to dinner with good intentions. Why should I bear the medical expenses?" Therefore, a dispute arose.Question: Who is responsible for the alcohol poisoning of guests caused by hosting a banquet?
This case involves the attribution of civil liability for creditor's rights in civil law.According to the Civil Law of our country, when the parties concerned are not at fault for causing the damage, and the no-fault liability cannot be applied to require the infringer to bear the liability for compensation, but the serious damage suffered by the victim has not been compensated, which is obviously unfair, the people According to the actual situation, the court ordered the parties to share the losses according to the "fair and reasonable burden".In this case, both Gaofeng and Haoyu were at fault, and they did not meet the application conditions of the principle of no-fault liability. Therefore, the dispute between Gaofeng and Haoyu should apply the principle of fair liability.Article 132 of the General Principles of Civil Law of my country stipulates: "If the parties are not at fault for the damage, the parties may share the civil liability according to the actual situation." Therefore, for the loss of 3216.5 yuan of medical expenses spent by Haoyu in the case, Gao Feng and Haoyu should be responsible. Reasonable share.

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Compensation obligations refer to natural persons, legal persons or other organizations that should bear civil liability according to law due to their own or others' torts and other causes of harm.According to the principles of civil law, the obligor of compensation mainly refers to the direct infringer, and also includes persons who have some relationship with the infringer, such as the guardian of the infringer, the employer of the infringer, etc.

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