It is reported that the man surnamed Li went to the massage shop with his workmates after drinking and died of convulsions (later identified as an acute heart attack). Later, his family sued the company, claiming that it failed to fulfill its security obligations and demanded compensation of 654.38 yuan +0.35 million yuan. However, the company believes that enough safety measures have been taken, and Li suddenly became ill, which is difficult to judge.
Based on the views of both parties, the court of first instance held that the massage company did have some faults, but Li himself was a person with full capacity for civil conduct, knowing that he was drinking, he still went to massage, and Li's illness was sudden and acute, so he had to bear the main responsibility for this accident.
Therefore, the first-instance judgment: the massage company needs to compensate Li's family for 6.5438+0.3 million yuan.
However, Li's family refused to accept the appeal. Different from the first trial, Li Jiaren's second trial advocated that the massage company should bear 60% of the main responsibility, while the massage company insisted on taking responsibility by itself.
On the basis of the first trial, the court of second instance expounded "three uncertainties":
1. The identification document said that Li died of an acute heart attack, but it did not explain that massage was the cause of Li's illness. The evidence of his family members was insufficient, and it was impossible to determine whether massage was directly related to Li's illness.
Second, the photo evidence provided by Li's family shows that steaming is forbidden after drinking, and it is not suitable for massage when drunk. But Li is just a massage after drinking, and there is a difference between the two. Therefore, it is impossible to determine whether the massage company has fulfilled its safety warning obligations.
Thirdly, there is no evidence that the massage company reminded Li of the risks of drunk massage before massage. Therefore, it is impossible to determine whether the massage party has fulfilled the obligation of safety notification.
Therefore, the second trial found that the relationship between Li's death and the massage company was relatively weak, dismissed the appeal and upheld the original judgment.
Under normal circumstances, you can't massage after drinking a lot, because alcohol will speed up blood circulation and easily lead to headaches, dizziness and other symptoms. If you massage at this time, the blood circulation will become faster, which will aggravate the above symptoms.
But if you drink less and wake up, you can massage properly to soothe your nerves and help you sleep.