Pedestrians were bitten and killed by stray dogs. The victims were sentenced to pay 65 thousand.

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 Pedestrians were bitten and killed by stray dogs. The victims were sentenced to pay 65 thousand.


Bitten by stray dogs, rabies and death

It began at 5:00 p.m. on May 26, this year, in a village in Yufeng District of Liuzhou City, a villager Wei was bitten by a stray dog. On the same day, Wei was sent by his family to the hospital for treatment, and then to the Liuzhou CDC for rabies vaccine, then to the Liuzhou Peoples Hospital to break the cold needle.

On June 8, Weimou began to develop rabies symptoms, so his family sent him to Liuzhou Peoples Hospital for treatment, eventually failed to rescue, died on June 10.

On June 12, Weis parents entrusted the Jinding Judicial Accreditation Institute of Liuzhou City to conduct the death cause appraisal of Wei. On July 10, the appraisal institute made an appraisal opinion that Wei conformed to the death of central nervous system failure caused by rabies virus encephalitis.

Family members compensation for dog owners according to dogs request

After the death of a rabies virus, his parents found Mr. Chen from the same village and asked Chen to compensate him.

Originally, the Chen family had two dogs. Since April this year, whenever Chen fed his own dog, there was always a stray dog to rub the dogs food, and he couldnt get rid of it. Over time, stray dogs developed a habit of rubbing food.

Villagers have advised Mr. Chen to kill stray dogs, but Mr. Chen said that stray dogs may have owners. If they were killed, their owners would find it difficult to get on with each other. Therefore, Mr. Chen continued to let the stray dogs rub their food. No one had expected that the stray dog bit a passer-by villager Wei Mou at about 5 pm on May 26, 100 meters from the Chen family.

It is precisely because Mr. Chen let stray dogs rubbing rice, so a Wei family began to find Mr. Chen, Mr. Chen to claim half of the medical fees and rabies vaccine fees. But Mr. Chen believes that stray dogs are not their own and do not agree to compensate.

More than ten days later, Weimou rabies died, Weimou parents found Mr. Chen again, asking Mr. Chen to compensate 250,000 yuan to 300,000 yuan. Mr. Chen insisted that stray dogs were not fed by themselves, because of humanitarianism and kinship, and agreed to compensate 50,000 yuan, due to the large difference in the amount of compensation between the two sides, mediation failed to sue Yufeng District Court.

In the lawsuit, Weis family believed that Weis four brothers and sisters had supported his old-age mother, who was in good health and died suddenly from rabies, bringing great mental pain to Weis family. According to the provisions of the Tort Liability Act, Mr. Chen should compensate the plaintiff for the economic losses totaling more than 320 thousand yuan.

Judge mediation in accordance with the law

The two sides reached a compensation agreement.

The Yufeng District Court held that the feeder of stray animals did not belong to the animal breeder or administrator stipulated in the Tort Liability Law and should not be based on Article 78 of the Tort Liability Law.

Although stray animals may be raised or managed to a certain extent (e.g. regularly feeding them), people have less control over them. Without effective control, stray animals are bound to pose a danger to the public environment of the community. Therefore, long-term and regular feeding of stray animals should also be regulated by law. Adjust. In specific cases, according to the specific circumstances of the case, according to the dangerous effects of feeding stray animals and the causal relationship between the effects and the damage results, the judicial judgment of whether or not to bear responsibility and how much responsibility to bear should be made. In the case, the defendant Mr. Chens feeding behavior is not specifically feeding stray dogs, but stray dogs habitually dawdle. Therefore, Mr. Chens fault is minor and should not be used as a basis for the feeder rule under Article 78 of the Tort Liability Act. The contractor advised the two parties to coordinate within 20% of the scope of the appeal. In the mediation process, the undertaking officer adopted the mediation method of combination, separation and combination, and finally the two sides reached a mediation agreement. Mr. Chen compensated a family member of Wei for 65,000 yuan and charged 1500 yuan in litigation fees. The source of this article is Yang Yi, the editor in charge of Nanguo today.

Although stray animals may be raised or managed to a certain extent (e.g. regularly feeding them), people have less control over them. Without effective control, stray animals are bound to pose a danger to the public environment of the community. Therefore, long-term and regular feeding of stray animals should also be regulated by law. Adjust. In specific cases, according to the specific circumstances of the case, according to the dangerous effects of feeding stray animals and the causal relationship between the effects and the damage results, the judicial judgment of whether or not to bear responsibility and how much responsibility to bear should be made.

In the case, the defendant Mr. Chens feeding behavior is not specifically feeding stray dogs, but stray dogs habitually dawdle. Therefore, Mr. Chens fault is minor and should not be used as a basis for the feeder rule under Article 78 of the Tort Liability Act. The contractor advised the two parties to coordinate within 20% of the scope of the appeal.

In the mediation process, the undertaking officer adopted the mediation method of combination, separation and combination, and finally the two sides reached a mediation agreement. Mr. Chen compensated a family member of Wei for 65,000 yuan and charged 1500 yuan in litigation fees.