China News Service, Beijing, February 23rd (Shao Meng) "My dear good brother has a good journey... I just don't know the people who gave my brother alcohol, so my heart aches." On February 22nd, Internet celebrity " "Yang Laoer"'s brother Yang Hailong posted a post on social platforms confirming that "Yang Laoer" had passed away. It was suspected that he was forced to drink heavily by onlookers during the performance, which attracted widespread attention.
On the morning of February 23, Yang Hailong told China News that he and his younger brother were members of the Shehuo performance. On the day of the incident on the 20th, "Yang Laoer" was "drinked" by the audience during the first and second performances, and then lay down Resting in bed, he was found unconscious that night and had no vital signs when 120 arrived.
The local police are currently involved in the investigation, but no one who persuaded people to drink has come forward to apologize.
Many lawyers pointed out in interviews with China News Service that the person who persuades the person to drink is one of the causes of the person being persuaded to become unwell or even die after drinking, and should bear corresponding liability for compensation.
On the day of his death, he was “persuaded to drink in turns”
Suspected to have died of suffocation due to vomiting after drinking.
"Yang Laoer" is a 39-year-old native of Yuzhong County, Lanzhou, Gansu Province. He mainly posts comedy and performance videos on video social platforms, with more than 800,000 fans.
"Yang Laoer" was persuaded to drink alcohol.
Photo provided by interviewee
Yang Hailong said that there were three performances on the 20th. During the first and second performances, his younger brother "Yang Laoer" was taken turns by the audience to persuade him to drink. "The wine was passed directly to his mouth, and someone hugged him. You have a drink." I have a cup, and I take turns to drink it, but I can’t even count it.”
After the second performance, he helped "Yang Laoer" to rest on the bed on the second floor where the incident occurred. At about eight o'clock, he heard no more snoring and found that his brother was unconscious.
After 120 arrived, they said that "Yang Laoer" had lost his vital signs.
After rescue at the scene, he was sent to the hospital for more than an hour, but his life could not be saved.
Regarding the reason for the death of "Yang Laoer", Yang Hailong said that during the rescue, the hospital told him that "there was a foreign body in his throat, which he did not spit out during the vomiting process and choked his trachea." Some media reported from the official channel of Yuzhong County It was learned that the cause of death of "Yang Laoer" was initially determined to be asphyxiation from inhalation of vomit after drinking.
Family members: No one from the audience who persuaded people to drink has apologized so far
The police have been involved in the investigation
Yang Hailong said that the local police have been involved and are currently collecting evidence and investigating.
"The forensic doctor also came to draw blood last night."
According to the family members of "Yang Laoer", after the incident, the Shehuo Team and a coal mine where the second performance was held gave them partial compensation for the incident, but the amount was not large.
They basically know the identity of the audience who drank alcohol at the scene, but so far no one has come forward to apologize.
"We have our responsibilities, and they also have their responsibilities. No matter what, at least we can apologize and order some paper, but there is none. The knot in my heart really cannot be solved," Yang Hailong said.
He said that persuading people to drink alcohol is a local performance custom, and they have also encountered people persuading people to drink alcohol during their performances before.
"But basically, the wine is not handed directly to the mouth. This is not to persuade people to drink, but to persuade them to drink."
In this regard, Ding Jinkun, a lawyer at Shanghai Dabang Law Firm, said that urging people to drink alcohol is a custom, and the custom should be a good custom, not a bad custom.
Persuading people to drink alcohol is not compulsory.
If you know that the other person is drunk, you should stop trying to persuade him to drink, otherwise you may be liable for drunken injuries and death.
Lawyer: Those who persuade people to drink should bear corresponding liability for compensation
Lawyer Lan Tianbin, senior partner of Jiangsu Fade Dongheng Law Firm, said that according to the provisions of the Civil Code, if an actor causes damage due to wrongful infringement of the civil rights of others, he shall bear tort liability.
According to legal provisions, it is presumed that the actor is at fault, but if he cannot prove that he is not at fault, he shall bear tort liability.
He pointed out that circumstances under which people are legally responsible for persuading someone to drink generally include forcing someone to drink or forcing someone to drink, persuading someone to drink when they know they are physically unable to drink, and failing to safely escort a drunk who has lost self-control home safely, etc.
According to reports, in judicial practice, for life rights disputes caused by persuading people to drink, if the person being persuaded is a person with full capacity for civil conduct, he should be fully aware of his own health condition and the harm of drinking, fail to control his drinking rationally, and be at fault for his own death. Generally, one should bear primary responsibility for one's own death.
The person who persuades the drinker is one of the causes of the person being persuaded to become unwell or even die after drinking. If he is at fault for the death of the person being persuaded to drink, he should bear corresponding liability for compensation, usually a secondary liability, and the compensation is usually tens of thousands of yuan.
"In this incident, tourists took turns to persuade him to drink, which was one of the causes of Yang Laoer's physical discomfort after drinking and his death from asphyxiation by inhaling vomit after drinking. He was at fault to a certain extent and must bear corresponding liability for compensation." Lan Tianbin said.
Ding Jinkun also pointed out that there is likely to be a causal relationship between excessive drinking and Yang Laoer's death. Therefore, excessive drinking requires liability for fault and compensation for a certain proportion of losses.
Yang Laoer himself was partly responsible for his failure to control his drinking.
(over)