After attending the party, Zhou, a man from Lishui City, Zhejiang Province, came out of the KTV drunk and drove away with a hostess. As a result, he was killed in a unilateral accident. Subsequently, his family will attend the party's friends, hostess, KTV to court.
On August 21, it was learned from Lishui intermediate people's court that the court's second instance judgment a few days ago: KTV, the hostess and all friends who gathered together must bear the liability for compensation. Among them, KTV was sentenced to bear the liability of 5% and the hostess should bear the liability of 3.5%.
In the early morning of March 10, 2018, Zhou and his friends Li and Huang went to a KTV in Longquan City to sing and drink. During this period, they called several hostesses through the box staff. At about 3 a.m., Zhou, who drank a lot of wine, left the box with the queen and drove away by himself. After more than 20 minutes, several others left one after another.
At about 3:44 a.m., when Zhou drove through an intersection, the vehicle hit the flower bed in the middle of the road, lost control and turned to the roadside. Wang was thrown out of the car and injured. Zhou was pressed under the car and died on the spot. After identification, Zhou's blood alcohol content at the time of the accident was 136mg / 100mL, belonging to drunk driving. The traffic police department determined that Zhou was drunk and speeding, and was fully responsible for the accident.
After that, Zhou's parents will take part in the party, KTV and the queen of wine to court.
In December 2018, Longquan City Court made a judgment of first instance. Zhou, knowing that drunk driving is dangerous, still indulged his behavior, resulting in death. He has a major fault and should bear 90% of the responsibility. Although friends Huang, Chen and Liu did not force drinking, fighting and other behaviors, as co drinkers, they failed to fulfill their safety care obligations such as taking care of and notifying their families when Zhou was drunk. Wang, as the attendant of Zhou in the liquor Bureau, left together in the co driver's seat of Zhou's vehicle and let Zhou drive drunk. He should also bear the responsibility. KTV and two other non drinking party friends are not responsible.
After the first instance, the plaintiff and Wang appealed. The second instance of Lishui intermediate people's Court changed the judgment and determined that KTV and those who did not drink on the day of the party should also bear the responsibility.
The court believes that the safety guarantee obligation of entertainment places is a collateral obligation arising from the contractual relationship with consumers; At the same time, the business entity concurrently engaged in liquor should take care of and protect the personal safety of consumers after drinking in its business place, and it was determined that KTV should bear 5% liability for all losses caused by Zhou's death, totaling more than 54000 yuan. Li and ye, as non drinkers at the party, should also take care of those who drink more to ensure safety. They cannot be exempted from liability because they do not drink. It is determined that each of them will bear 1.5% of the liability and compensate more than 16000 yuan respectively. The hostess queen should bear corresponding responsibility for the fault of her behavior beyond the scope of service, and the compensation ratio of 3.5% determined by the court of first instance is not inappropriate. If Huang, Chen and Liu who drank alcohol at the party did not appeal after the first instance, they shall be deemed to recognize the compensation ratio of 2.5%, 2.5% and 1.5% in the first instance judgment.
According to the per capita disposable income of urban residents, the court found that the material loss caused by Zhou's death was more than 1055000 yuan and the spiritual loss was 5000 yuan. In conclusion, the court of second instance ruled that each defendant should compensate the plaintiff for the loss of more than 190000 yuan.
'the focus of the case is whether KTV should be held responsible. We reviewed the evidence and comprehensively considered the business model of providing escort service in KTV industry. Wang arranged to accompany Zhou through KTV. KTV is the main body providing escort service, and there is a relationship between Wang and KTV. Wang and other KTV staff knew that Zhou drank a lot at the door of the business place, but they did not remind and prevent him from driving after drinking. KTV did not play the corresponding duty of care and protection, so KTV was held responsible. After finishing the KTV escort service, Wang drove away with Zhou. Zhou didn't remind and stop him when he drove, so he must bear the corresponding responsibility. " The judge of Lishui intermediate people's court who tried the case told surging news.