Influencer dies from electric shock during outing, is the power company liable?
[4] Compiled from: Red Star News
Case review
On September 7, 2020, a 21-year-old internet celebrity with 6 million followers on a social platform, "Hongnan·Wudaokou," died from electrocution, sparking public attention. The internet celebrity "Hongnan·Wudaokou," whose real name is Duan Hongnan, had his mother, Ms. Cheng, believe that his death was due to safety hazards in the high-voltage power lines above the fish pond where the incident occurred.
Liu, who was with Duan Hongnan at the time of the incident, recounted the events through a video. Liu said that she was holding a fishing rod when she suddenly felt an electric shock, let go, and the rod fell to the ground. She shouted, "There's electricity, I'm being electrocuted," and Duan Hongnan ran over to comfort her. Liu felt the electric shock from the hand holding the rod to the soles of her feet, so she took off her shoes and did not see what Duan Hongnan was doing. It wasn't until Duan Hongnan fell into the fish pond that she realized something was wrong, but at that time, she didn't know he fell in due to electrocution. She and others immediately pulled Duan Hongnan ashore and found he had stopped breathing.
After the incident, Duan Hongnan's parents sued Changchun Power Supply Company of State Grid Jilin Electric Power Co., Ltd. for "liability disputes over personal injury from electrocution," seeking over 1.21 million yuan in compensation for death damages, funeral expenses, and mental distress. The case has been accepted by the Chaoyang District People's Court in Changchun.
Article 1240 of the Civil Code of the People's Republic of China
If damage is caused to others by engaging in high-altitude, high-pressure, underground excavation activities, or using high-speed rail transport tools, the operator shall bear tort liability; however, if it can be proven that the damage was caused by the victim's intentional act or force majeure, no liability shall be borne. If the victim has gross negligence in the occurrence of the damage, the operator's liability may be reduced.
[1] The author's perspective
If it can be proven that Duan Hongnan's death by electrocution was due to safety hazards in the high-voltage power lines above the fish pond, then the operator and manager of the high-voltage power lines, i.e., the power supply company, must legally provide warnings and protective measures for the high-voltage electrical facilities under their operation and management, eliminating safety threats to the surrounding environment. Since no warning signs or other protective measures were present at the scene, the power supply company likely failed to fulfill its management duties, leading to the tragedy.
On the other hand, in this case, whether Duan Hongnan acted with intent or gross negligence, and whether the accident involved force majeure, are factors that will affect the final judgment. Regardless of the outcome, it serves as a reminder that operators like power supply companies need to pay attention to regular maintenance and cannot afford to neglect it, as a single oversight could shatter a family. For us as tourists, we must prioritize safety when going out and avoid taking unnecessary risks.
