On February 22, Yang Hailong, the elder brother of Internet celebrity "Yang Lao Er", posted on social platforms to confirm that "Yang Lao Er" had passed away.
On the morning of the 23rd, Yang Hailong told reporters that he and his younger brother were members of the social fire performance team. On the day of the incident on February 20, "Yang Lao Er" was in the first place.
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.
In interviews, a number of lawyers pointed out that the person who advised alcohol was one of the causes of the person who was advised to drink and became unwell or even died after drinking, and should bear the corresponding liability for compensation.
On the day of his death, he was "persuaded to drink in turn".
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 provided by the interviewee).
Yang Hailong said that there were three performances on the 20th.
1. During the second performance, "Yang Lao Er" was persuaded by the audience to drink in turn, "Pass the wine directly to his mouth, and someone hugged him, you have a cup and I have a cup, and I take turns, (the amount of pouring) is not counted." After the second performance, he helped "Yang Lao Er" to the bed on the second floor of the incident to rest, and he couldn't hear the sound of snoring at 8 o'clock, and when he went up, he 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 in the end.
Regarding the reason for the death of "Yang Lao Er", Yang Hailong said that the hospital's statement at the time of rescue was that "because there was a foreign body in the throat, he did not vomit it out during the vomiting process, and choked the trachea". It was learned from the official channels of Yuzhong County that the preliminary judgment of the cause of death of "Yang Lao Er" was suffocation by aspiration of vomit after drinking.
Family: No one has apologized to the audience so far
**Involved in the investigation
Yang Hailong said that at present, the local ** has intervened and is collecting evidence for investigation, "Last night (22nd), the forensic doctor also came 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 apologized and burned a piece of paper, but there was none. The knot in my heart really can't be solved. Yang Hailong said.
He said that persuasion of alcohol belongs to the local performance customs, and they have also encountered persuasion of alcohol during their performances before, "but basically they did not pass the wine directly to their mouths, this is not persuasion of alcohol but drinking." ”
In this regard, Ding Jinkun, a lawyer at Shanghai Dabang Law Firm, said that even if it is a custom to persuade alcohol, the custom should be a good custom, not a bad custom. Persuasion of alcohol cannot be compulsory, knowing that the other party is not drinking enough, you should stop persuading alcohol, 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 in which the person who is legally responsible for persuading to drink generally include persuading or pouring alcohol with a coercive nature, persuading the other party to drink knowing that the other party's physical condition is not able 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 Lao Er'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 of alcohol and the death of "Yang Lao Er", so excessive persuasion of alcohol needs to bear fault liability and compensate a certain percentage of losses. "Yang Lao Er" failed to control the amount of alcohol himself, and he also had to bear part of the responsibility.
* China News Network, Beijing Youth Daily.
Editor-in-charge: He Dan.
Responsible proofreader Julie.
Editor-in-chief: Yan Yun.
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