One girl was bitten and killed by a girl twice, and her parents claimed 1.5 million. The court sentenced →

Recently, the People's Court of Haidian District, Beijing

The right to life, health, and physical rights disputes

Civil Trial Judgment

The details of the case are in June 2018, in Weinan, Shaanxi, the girl named "Yi Mou" contacted Shao Mou through the platform and bought the silver rings twice.

In July, Yi was bitten by the silver rings, and her mother Qi Mou sent her to the hospital for treatment. After being evaluated as a brain death, Yi was taken back and died at home.

According to his parents, Shao, Yang, and Wang Mou, and the two courier companies of the Silver Ring snake seller Shao, Yang, and Wang Mou asked for compensation of more than 1.5 million yuan.

The court believes that according to the criteria of "if there is no", if the silver rings are not delivered to Yimou, it will not suffer the damage of the silver rings snake bite. There is a de facto causal relationship between the six defendants and the consequences of the damage.

In the end, the referee result is:

Six defendants compensated about 336,900 yuan

Among them

Rotate the company compensation for about 33,700 yuan

Two courier companies compensate about 50,500 yuan

July 9, 2018

The 21 -year -old girl was bitten by the silver rings of the silver rings online, and was rescued by the hospital, but could not breathe autonomously.

July 11

The girl was transferred to the Provincial People's Hospital. After receiving one day of treatment, the experts announced the death of the brain after being evaluated.

July 17th

Girls have symptoms such as high fever and heart rhythm at 5 am, and then they died unfortunately.

At 5 am on July 17, 2018, Xiaofang (pseudonym), a 21 -year -old girl (pseudonym), who was bitten by the silver -ring snake for many days. After dealing with her daughter's funeral, Xiaofang's mother has been reflected. On July 21, Xiaofang's mother said that her daughter should bear the consequences of her behavior, but the online shopping platform, seller and logistics also have the responsibility. She will defend her rights through judicial means and hope that relevant departments will strengthen supervision.

Girl once wanted to open a pet shop

On July 21, a house was locked in a private house in Huazhou District, Weinan City, with a pair of white couplets. The high temperature continued on the same day. Because of the power outage at home, Xiaofang's parents had to take the little daughter to relatives and friends' house to avoid the summer.

Speaking of her daughter's misfortune, her mother said that Xiaofang is an eldest daughter. In recent years, she is keen on raising pets such as puppies, birds, and bunny. She had previously bought pets in local pet shops and took home to raise them. This year, she started buying from the Internet. pet. Xiaofang once wanted to open a pet shop, but his parents refused to consider that her daughter had no experience. Xiaofang also set up a pet to sell pets for a week.

"When did the Silver Ring Snake buy it at 6:53 pm on July 9, I received a call from the baby on the first floor of my home and said she was bitten by the snake." Xiaofang's mother said, she hurried On the second floor of the daughter's room, I briefly asked the situation to be sent to the hospital. Later, I learned from my daughter's mobile phone that I bought the silver ring snake, looking for the silver rings serum overnight, but the situation did not improve after the injection. Worried that the snake threatened the safety of others, her husband looked for it at home overnight, but did not find it. At 5 am on July 17th, Xiaofang had symptoms such as high fever and heart rhythm, and then died unfortunately.

A piece of information released by the Forestry Bureau of Huazhou District shows that on the morning of July 10, the district forest public security police station and the District Public Security Bureau Chengguan Police Station formed a search team to conduct a detailed search around the surrounding area of ​​the wounded area. Find the dead silver rings in the vegetable market garbage. It was found on July 11 that the Silver Ring Snake was purchased from the fresh area of ​​Qingyuan City, Guangdong Province, and this notification was reported to the local forest public security department for investigation and punishment.

Parents think online shopping platforms

Both sellers and logistics are responsible

After the incident, relatives and friends checked Xiaofang's mobile phone and found that the Silver Ring snake was bought from a man named by a mobile phone app, and the other party did not certify on the platform. Xiaofang's mother said, "I also watched the chat history of my daughter and seller. The other party said that the silver rings were toxic and very toxic, and she had to wear gloves when they were in contact."

"On July 10, my niece also used the chat tool of the shopping platform on my daughter's mobile phone to talk to the seller. The other party also said," I won't want the Silver Ring Snake "." She said that my relatives and friends later used the name of the buyer and the name of the buyer and the name of the buyer and the The other party talked, and the other party said that there was a silver ring snake, which could send a courier. After adding the other party's WeChat, the other party also sent a circle of friends and said, "A girl who bought me silver -loop snake lied that the girl who went home to make wine made the silver ring snake as a pet. As a result, her life was dying. Don't ask me to get a poisonous snake ... "

Xiao Fang's mother believes that her daughter should be died by biting the silver ring snake and should be responsible. However, online shopping platforms, sellers, and Best Express are also responsible. "The platform supervision is not in place, only the other party can sell and my daughter can buy. This kind of thing. "She said that the seller knew that the Silver Ring snake was a toxic animal and should not be sold.

She also said that if the courier company can check in accordance with the requirements and stop sending in accordance with regulations, the silver rings will not go to the hands of her daughter. She believes that relevant departments should strengthen the management of toxic animals and other items, prohibit sales and delivery, and avoid similar tragedies.

Shopping platform

The platform does not support snake transactions

According to the phone provided by Xiao Fang's mother, the reporter tried to contact the seller, but he called and was rejected. Since then, he dial again.

On the afternoon of July 21, the reporter searched the "snake" or "silver ring snake" through the shopping app mentioned by Xiaofang's mother, and no relevant items were found. The APP customer service said on the phone: "I don't understand the situation of Xiaofang's bite. The platform does not support snake transactions." For the situation that Xiaofang's mother could buy snakes, he said that he was unclear and said he would say that he would be. Records the relevant situation, but you cannot guarantee that you will reply. Courier company

Animals belong to the restrictions

The courier number query information provided by Xiaofang's mother showed that the package was transported by Best Express, which was collected at 5:37 pm on July 3rd. Sign.

According to the "Forbidden Notice" on the official website of Best Express, the animals and plants and animal and plant specimens are within the scope of the prohibited delivery items.

This information includes a call for the recipient. The reporter contacted the other party and hoped to understand the relevant situation. The other party said that "this problem has already told the police", so he was unwilling to say more.

Earlier, when the recruiter once called the recipient, the seller handed him a box that had been packed, "the box package, I don’t know what it is. ","

The reporter also called the Best Express customer service hotline, hoping to know if there was any inspection as required. The staff said that it had recorded and let the relevant personnel call back as soon as possible. As of press time, the reply has not been received.

The staff of the 100th express business site in Huazhou District said that the package was well packed during the delivery, and the courier did not know what it was installed inside. According to the regulations, it is necessary to check when it is grabbed. As for whether there is such a request in Guangdong, it is unclear.

Lawyer

It is recommended that Xiaofang's parents take legal ways

Deng Jianjun, a lawyer of Shaanxi Saigao Law Firm, believes that as a seller, although he has fulfilled the prompt obligation, it cannot be traded through the network platform. The network platform should fulfill its supervision responsibilities. At the same time, courier companies should check the items to be sent in accordance with regulations, and shall not be sent to be sent to animals that prohibit mailing.

As Xiaofang, it is already a person who is completely civilian behavior. He should be aware of the harm of the items purchased and bear the corresponding responsibility for his own behavior.

Therefore, in this incident, Xiaofang should bear certain responsibilities, and the relevant regulatory authorities can be punished according to the different behaviors of the three parties involved in the three parties in accordance with the law. As for civil liability, Xiaofang's parents advocated through legal channels, and the court judged that the three parties assumed the corresponding responsibility in accordance with their own faults.

Learn about:

It is understood that the Silver Ring Snake is the fourth largest toxic snake in the land. Its poison glands are very small, but the toxicity is extremely violent. It is the most toxicity of the ring. After being bitten, it feels not obvious at first, and the pain is less. After a few hours, if not treated in time, he dies often due to respiratory palsy.

Although crawlers such as snakes, lizards, and palaces will hurt the owner from time to time, some people will still make alternative pet consumption and breeding. In this regard, experts remind consumers that before raising alternative pets, they must consult relevant information to ensure that the pets they want to buy are within the scope of law. Secondly, we must deeply understand the living habits of pets and the hidden dangers that may bring, and ensure that they can assume their duties and consequences.

Editor's reminder:

Be sure to go to a regular consumption channel

Buy pets with artificial reproduction

Never raise wild animals

Source:@Signal Finance,@来 网

China Business Daily reporter Wei Nan

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