"My dear good brother has gone all the way......It's just that I don't know that the people who poured wine on my brother hurt my heart. On February 22, Yang Hailong, the elder brother of the Internet celebrity "Yang Lao Er", posted on social platforms to confirm that "Yang Lao Er" had passed away, which was suspected to have been caused by a large number of onlookers to drink during the performance, which attracted widespread attention.
On the morning of February 23, Yang Hailong told *** that he and his younger brother were members of the Shehuo performance team, and on the day of the incident on the 20th, "Yang Lao Er" was in the first.
1. During the second performance, he was "drunk" by the audience, and then lay in bed to rest, and was found unconscious that night, and had lost his vital signs when 120 arrived. At present, the local ** has intervened in the investigation, but no one who persuaded the alcohol has come forward to apologize.
A number of lawyers pointed out in an interview with *** that the person who advised alcohol is one of the causes of the person who is advised to drink and becomes unwell or even dies after drinking, and should bear the corresponding liability for compensation.
On the day of his death, he had "** persuaded to drink".
It is suspected that he died of suffocation due to the failure to vomit vomit after drinking
"Yang Lao Er" is a native of Yuzhong County, Lanzhou, Gansu Province, 39 years old this year, mainly posting his comedies and performances on **social platforms**, with more than 800,000 fans.
Yang Lao Er" was persuaded to drink at the scene. Photo courtesy of the interviewee.
Yang Hailong said that there were three performances on the 20th.
1. During the second performance, his brother "Yang Lao Er" was persuaded by the audience to drink in turn, "handing the wine directly to his mouth, and someone hugged him. After the second performance, he helped "Yang Lao Er" to the bed on the second floor of the incident to rest, and at eight o'clock he heard no snoring, and found that his younger brother was unconscious. After 120 arrived, he said that "Yang Lao Er" had lost his vital signs. After being rescued 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 the hospital told him during the rescue, "Because there was a foreign body in his throat, he did not vomit it out during the vomiting process, and choked his trachea." "It was learned from the official channels of Yuzhong County that the preliminary judgment was that the cause of death of "Yang Lao Er" was suffocation of vomit after drinking.
Family: None of the audience has apologized so far
**Involved in the investigation
Yang Hailong said that at present, the local government has intervened and is collecting evidence for investigation. "The medical examiner also came last night to draw blood. ”
According to the family of "Yang Lao Er", after the incident, the social fire team and a coal mine where the second performance was performed gave them part of the compensation for this incident, but the amount was not much. They basically know the identities of the audience who poured alcohol at the scene, but no one has come forward to apologize so far.
We have our responsibilities and they have their responsibilities. Anyway, at least I came to apologize and order a piece of paper, but there was none. The knot in my heart really can't be solved. Yang Hailong said.
He said that drinking is a local performance custom, and they have also encountered drinking in their performances before. "But basically there is no direct delivery of wine to the mouth, this is not the degree of persuasion but drinking. ”
In this regard, Ding Jinkun, a lawyer at Shanghai Dabang Law Firm, said that it is a custom to persuade alcohol, and customs should also be good customs, not evil customs. Alcohol persuasion is not compulsory. Knowing that the other party is not drinking enough, you should stop persuading you to drink, otherwise you may have to bear the tort liability of drunkenness.
Lawyer: The person who advises the alcohol should bear the corresponding liability for compensation
Lawyer Lan Tianbin, a senior partner of Jiangsu Fade Dongheng Law Firm, said that according to the provisions of the Civil Code, if the actor infringes on the civil rights and interests of others due to his fault and causes damage, he shall bear tort liability. Where it is presumed that the actor is at fault in accordance with the provisions of law, and he cannot prove that he is not at fault, he shall bear tort liability.
He pointed out that the circumstances under which people should bear legal responsibility for persuading to drink generally include persuading or pouring alcohol with a coercive nature, persuading them to drink knowing that they are physically unable to drink, and failing to safely escort a drunk person who has lost his ability to control himself home.
According to reports, in judicial practice, for disputes over the right to life caused by alcohol persuasion, if the person being advised to drink alcohol is a person with full capacity for civil conduct, he should be aware of his own health status and the harm of drinking, have no rational control over drinking, and are at fault for the outcome of his own death, and generally bear the main responsibility for his own death. The person who advises alcohol is one of the factors that constitute the physical discomfort or even death of the person being persuaded to drink after drinking, and he is at fault for the death of the person being persuaded to drink, and shall bear the corresponding liability for compensation, which is generally a secondary liability, and the compensation of tens of thousands of yuan is the majority.
In this incident, the tourists took turns to persuade him to drink, which was one of the causes of Yang Laoer's physical discomfort after drinking and suffocation of vomit after drinking, and he had a certain fault and had to bear the corresponding liability for compensation. Lan Tianbin said.
Ding Jinkun also pointed out that there is likely to be a causal relationship between excessive persuasion and the death of Yang Laoer, so excessive persuasion of alcohol needs to bear fault liability and compensate a certain percentage of losses. Yang Lao Er himself failed to control the amount of alcohol, and he also had to bear part of the responsibility. (*Shao Meng).