Instead of small cases 丨 Eat barbecue carbon monoxide poisoning, who is responsible?

"Those who are in a small one, be cautious."

The Binzhou Intermediate People’s Court will implement the work deployment of "small cases and small cases" as a study and implementation of Xi Jinping’s theme education theme of socialist ideology with Chinese characteristics in the new era, and further promote the "four creations".Police officers stood up to the people’s position. The "small" case was "big", and the small "question" was "titled". It had a good effect on small cases, allowing small events to serve the people’s livelihood, and to make the masses more touching about fairness and justice.

From now on, Binzhou Intermediate Court will open a column of "small cases for small cases", and comprehensively record the trial execution of the first -tier judges to practice the case of "small cases and small cases".Essence

In the hot summer, the least is barbecue

Eating barbecue, leading to carbon monoxide poisoning

Responsibility, who should bear it?

The case reviewed Wang Moumou and the three people and the three people during the meal on the second floor of a barbecue restaurant. During the meal of meals in the meal of carbon monoxide, they were sent to the hospital for treatment.

Referee result

The Zouping City Court heard that when the three plaintiffs were dining in barbecue restaurants, the barbecue restaurant was responsible for providing charcoal furnace and semi -finished barbecue food.The barbecue restaurant shall bear the main responsibility for the losses caused by the three plaintiff for carbon monoxide poisoning.

As a person who has a fully civilian ability, the three plaintiffs should also pay attention to the dining environment and charcoal fuel consumption problems during the use of charcoal stoves, and shall bear the secondary responsibility for losses.

The Zouping City Court determined as appropriate that the barbecue restaurant assumed 70%of the losses, and the three plaintiffs themselves themselves bear 30%of their responsibilities.The judgment barbecue restaurant compensation three plaintiff medical expenses, hospital food subsidies, nursing expenses, misunderstanding fees, transportation expenses and other losses were 20082.65 yuan.

The judge said that the charcoal -toasted buffet barbecue is popular because the diners can have the experience of eating and grilling, which increases the experience of the diners.But because it is a semi -finished barbecue, there is also a certain risk of dining.In this case, the three plaintiffs were because they did not pay attention to the dining environment during the meal. They were in a more closed space when the charcoal burned was not sufficient, which eventually caused carbon monoxide poisoning.It is hoped that this case can attract the attention of barbecue restaurants and dining people, pay more attention to the dining environment of charcoal -toas barbecue, and eliminate such cases.Article 104 of the "People’s Republic of China" stipulates that the natural person enjoys the right to health.The physical and mental health of nature is protected by law.No organization or individual shall infringe on the health of others.Article 1,165 stipulates that if a perpetrator causes damage to the civil rights and interests of others by fault, it shall bear the liability for infringement.Article 1,173 stipulates that if the infringer has a fault on the occurrence or expansion of the same damage, it can reduce the responsibility of the infringer.Article 1,179 stipulates that if human damage to others causes personal damage, medical expenses, nursing expenses, transportation expenses, nutritional expenses, hospital food subsidies, etc. shall be compensated for reasonable expenses for treatment and rehabilitation expenses, as well as reducing work due to mistakes due to miscarriage.Income.If the disability is caused, the auxiliary equipment fee and disability compensation shall also be compensated; if the death is caused, the funeral expenses and death compensation shall also be compensated.

Cheng Dongfeng Zouping City Court Road Traffic Accident West Dong Tour Court Leader First Class Judge

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