Drunk 16 Year Old Falls to Death in Wuxi; Hotel Held Responsible

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Jiangsu News

With an intoxicated teenage boy dead after falling from a first floor balcony, a court has finally ruled on the case. The restaurant that first served him alcohol is responsible. Yet, coming to that conclusion is a little more complicated than first appears.​

一名醉酒少年从一楼阳台坠落身亡,法院最终对此案作出裁决。最先给他提供酒水的餐厅负有责任。然而,得出这个结论比乍看起来要复杂一些。​

The boy in question, then aged 16, attended junior-high school in his hometown before going out to work on the recommendation of his peer. They later ended up in Wuxi, where, out of boredom and frustration, the two of them one night arranged to get together at a nearby hotel.

该男孩当时16岁,在家乡读初中,后经同龄人推荐外出打工。后来他们来到了无锡,出于无聊和沮丧,两人在一天晚上安排在附近的一家酒店聚会。

Before they knew it, each of them had drank four or five bottles of beer and shared a bottle of “baijiu” in the hotel’s restaurant. Still not satisfied, they then called two friends, aged 14 and 20, to join them.

不知不觉间,他们每人已经喝了四五瓶啤酒,并在酒店的餐厅里分享了一瓶“白酒”。他们仍不满意,然后打电话给两位分别为 14 岁和 20 岁的朋友加入他们。

The party lasted from the early hours until 07:00, during which the four consumed 28 large bottles of beer and one bottle of baijiu. Becoming emotional at the prosprect of heartbreak, the boy in question broke down in tears, at which there was laughter from the neighbouring table.

聚会从凌晨一直持续到07:00,四人喝掉了28大瓶啤酒和一瓶白酒。想到心碎的情景,男孩变得情绪激动,泪流满面,邻桌传来一阵笑声。

A conflict ensued and police were quickly on the scene, but during their intervention, the boy broke free and fled the scene. Later that morning, he was found dead in a courtyard, presumed to have fallen from the balcony above.

随后发生冲突,警察迅速赶到现场,但在他们干预期间,男孩挣脱束缚并逃离了现场。当天早上晚些时候,他被发现死在一个院子里,推测是从上面的阳台上掉下来的。

Unable to accept the sudden loss of their son, the boy’s parents believed that his peers had not fulfilled their safety obligations to take care of and escort him, and that the hotel had repeatedly served alcohol to three minors and failed to provide timely and effective safety measures after their son became inebriated.

男孩父母无法接受儿子的突然离去,认为同伴没有尽到照顾和护送儿子的安全义务,酒店多次向三名未成年人提供酒精饮料,在儿子喝醉后未能及时提供有效的安全措施。

Hence the court case, reported by the Yangtze Evening News on 2 September, in which the boy’s parents sought compensation of 40 percent of the funeral expenses, compensation for the death, and other losses from their son’s peers, their guardians and the hotel.

据《扬子晚报》9月2日报道,这起诉讼案中,男孩的父母向儿子的同龄人、监护人以及酒店要求赔偿40%的丧葬费、死亡赔偿金以及其他损失。

Ultimately, the court found that although those who consume alcohol have a certain duty of care for their co drinkers, the fact that the boy had broken free from police obstruction means it cannot be concluded that the boy’s peers nor the hotel were at fault for failing to fulfil their obligations as to care.

最终,法院认为,虽然饮酒者对其同饮者负有一定的照顾义务,但男孩摆脱了警察的阻挠,这意味着不能认定男孩的同龄人或酒店因未履行照顾义务而有过错。

However, the Law on the Protection of Minors also explicitly prohibits the sale of alcohol thereto. If difficult to determine whether they are minors, the establishment should request proof of ID.

但《未成年人保护法》也明确禁止向其销售酒类。如果难以确定是否未成年人,企业应要求提供身份证明。

Taking all of the aforementioned in to account, the court ultimately ruled that the hotel should bear a 5 percent compensation liability for the accident.

综合上述情况,法院最终判决酒店承担事故5%的赔偿责任。

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