The 80 -year -old man was bitten by a large dog. Who should bear the responsibility?The court was sentenced

Basic case

One day in October 2021, 80 -year -old Wang (pseudonym) met the Labrador dog raised with Li (a pseudonym) when walking with a small dog. Dog, bite Wang Mou's right leg during the process. Wang was taken to the hospital for treatment. It was hospitalized for 8 days and spent more than 9,800 yuan in medical expenses. In the meantime, Li Mou paid 3,000 yuan and stated to Wang's words, "Because my Rabrador dog is relatively large, my dog ​​bite Wang's right leg." Latado bite Wang's legs. We do not escape the responsibility. We are willing to bear the treatment cost of the patients who are bitten by the biting patients and reduce the damage to the greatest effort. "后因双方就后续赔偿问题未能协商一致，李某亦未再支付其他任何费用，王某遂向金水法院提起诉讼，要求李某赔偿其医疗费、护理费、住院伙食补助费、营养费、 A total of more than 14,000 yuan in appliances, transportation expenses, and mental damage. The defendant Li argued that after the accident, he actively sent Wang to the hospital for treatment and paid 3,000 yuan. It was Wang who did not control his dog and caused the two dogs to bite each other. Rejected the plaintiff's claim.

The Zhengzhou Jinshui Court heard that Li did not have the obligation to take care of the animals, and did not control the animals he had raised, which caused Wang to be bitten by the pet dog he raised. Essence In response to Wang's lawsuit, Wang was hospitalized for 8 days due to injury, and in accordance with the "Interpretation of the Supreme People's Court of the Supreme People's Court on the Application of Laws on the Application of Laws on Supreme People's Court" on the Supreme People's Court on the Supreme People's Court. More than 10,000 yuan, deducting Li Mou to pay 3,000 yuan, still more than 9,700 yuan. The defendant argued that the plaintiff was injured in improperly, and the plaintiff's claim should be rejected.

Referee result

The court of first instance judged: Li compensated Wang's medical expenses, hospital food subsidies, nutritional expenses, nursing expenses, transportation expenses, transportation expenses, mental damage compensation, and appliance costs of more than 9,700 yuan, rejection of Wang's other litigation requests. Li was not convinced and appealed to Zhengzhou Intermediate Court. During the second instance, the parties did not submit new evidence.

The court of the second instance sentence: dismiss the appeal and maintain the original judgment.

Judge

Kong Dexian: Judge of Liulin Court of Jinshui Court in Zhengzhou City

According to Article 1,245 of the Code of the People's Republic of China: "If the breeding animals cause damage to others, the animal breeder or manager shall bear the infringement liability; Or it may be caused by major negligence and may not bear or reduce the responsibility. "Article 1646 stipulates that" violates management regulations and does not take safety measures to cause damage to others, animal breeders or managers shall bear infringement infringement Responsibility; but it can prove that the damage is caused by the intention of the infringer, which can reduce the responsibility. "

In this case, the fact that Wang was bitten by Li's dog was bitten by the two parties, which was determined based on the evidence and trial statements of the parties. Li advocated that he should not bear responsibility, but the evidence he submitted could not determine that Wang was bitten by his intention or major negligence. Therefore, Li advocated the lack of factual basis and legal basis, and the court did not support it.

Judge Tips

With the improvement of people's living standards, more and more families raising pets, pets to accompany them bring spiritual comfort to humans. But at the same time, problems such as pets and disturbances have gradually increased. Due to the occurrence of disputes or even lawsuits caused by breeding pets, it has greatly affected neighborhood relations and social harmony.

Animal breeder or manager should take responsibility, while enjoying the happiness brought by pets, but also to raise dogs in accordance with the law, comply with the "Regulations on the Management of Zhengzhou City Dogs", and apply for dog breeding permits and dogs in accordance with regulations. Immune, wait for dog ropes when walking outside the dog, and wearing a mouth for dogs. Pay attention to avoid the elderly, disabled, pregnant women and children. Pay attention to reducing the sound of pet manufacturing at home, avoiding bad brings to neighbors and even society due to breeding pets. The influence is to achieve civilized dogs and build a harmonious and civilized social environment together. (Henan Legal Daily reporter Wang Xiaolei correspondent Kong Dexian Chen Mengjiao) ⑦

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