The hot days are easy to be irritable, as well as dogs, they fight, the owner stepped forward to discourage the biting, is the other party responsible?
Author:Qianjiang Evening News Time:2022.07.24
In summer, not only will people's emotions fluctuate, but dogs are also easy to be irritable.
(Picture source vision China, has nothing to do with this case)
No, the Alaska dog in Hangzhou Gong and Mr. Clast's Corgi dog fought together.
The two dogs bite each other and the situation was fierce. Ms. Gong repeatedly blocked it, but she was also bitten. In order to compensate the issue, the two masters could not be argued and they also paid the public.
Things happened last year.
At 10 pm on July 9, 2021, Ms. Gong led the Alaska dog to walk along a community in Pu, and met Mr. Paint, who was also walking out of the dog.
Suddenly, Mr. Corchia's little Corgi broke free from the dog rope and rushed to the big Alaska dog from more than 20 meters.
For a moment, the two dogs bite and fight together.
Miss Gong tried several times to separate them, but she was also bitten, her ankle, knees, and blood.
Seeing this scene, Mr. Qi was dumbfounded and was at a loss.
After the incident, the two parties claimed their own words and did not talk.
Ms. Gong then sued Mr. Qi for compensation for medical expenses, misunderstanding, and mental loss.
Mr. Qi believes that his Corgi dog has a small size and is not aggressive. Ms. Gong's Alaska dog is a large dog. His Corgi dog has no resistance during the fighting process. Mr. Qi also said that his Corgi dog was also injured, and it took 3,400 yuan to be sent to the pet hospital for surgery afterwards. Although Ms. Gong was bitten by a dog, it could not prove that the Corgi dog was bitten, so she did not need to compensate.
The main point of the judgment of the case is that if the damage to the breeding of animals causes damage to others, the animal breeder or manager shall bear the liability of infringement; however, it can prove that the damage is caused by the intentional or major negligence of the infringer, and may not bear or reduce the responsibility.
After hearing, the court believed that during the dog walking process, he did not fulfill his prudent management obligations, causing the Corgi dog to leave control and actively attack. In the process of fighting between the two dogs, even if Miss Gong was injured, it was not bitten by a Corgi dog. The damage of the Corgi dog and Miss Gong's damage were still legal. As a Corgi breeder, Mr. Qi is the opening of the dangerous source. If he fails to do his control and management obligations, he shall still bear the liability for infringement. Ms. Gong led the Alaska dog to go out, violating the provisions of "large dogs must be circled (tie), not to be performed", and there were also major faults on the occurrence of damage.
In the end, Mr. Lai was determined to bear 70%of the liability for compensation, and Miss Gong was 2520 yuan.
There are many phenomena of dog fighting. A while ago, the case of raising animal damage liability for breeding animals was concluded by the People's Court of Lucheng District, Wenzhou City.
On September last year, Xiao Wang, a citizen of Wenzhou, took his own Corgi dog as usual. On a square, his Corgi dog and the poodle next to the poodles were playing and making trouble. The golden retriever heighed more than 80 catties of Golden Retriever was also beside. "join in the fun".
Since the owner of the Corgi dog and the golden retriever did not wear a mouth cover for the dog, none of them were holding the dog with a traction rope. When the golden retriever bite the Corgi dog, Xiao Wang took back his Corki dog with his hand, and as a result, in a chaos, he found his hand pain unbearable. At first glance, his left hand was bitten by a dog.
At that time, Xiao Wang found Aunt Yan, thinking that his left hand was injured by the golden retriever, and asked to bear medical expenses.
Which dog was biting Xiao Wang? The two parties went to the police station to mediate, and each of which held the word, both thought that the other party's dog moved, and the mediation failed.
After treatment, Xiao Wang spent 2170.31 yuan, and medical institutions suggested that a total of 18 days of rest.
In February of this year, Xiao Wang's complaint sued Aunt Yan to the Congress of Lucheng District to claim more than 26,000 yuan in medical expenses, transportation expenses, and misunderstanding expenses, and asked to apologize to the gift. Both sides of the court hold their words.
Recently, after the trial of the Lucheng District Court, it was believed that Xiao Wang was bite by the golden retriever. Therefore, when the golden retriever was determined that the Golden Retriever bite the Corgi dog, Xiao Wang took his own Corgi dog back. During the process, Xiao Wang's left hand The palm was bitten by a golden retriever.
The court believes that Golden Retriever bites Xiao Wang, and Aunt Yan should bear the liability of infringement. As a Corki dog breeder, Xiao Wang should have some understanding of the habit of the dog, but when the golden retriever bites the Corgi dog, holding the Corgi dog with his hand, causing the golden retriever who rushed to the Corgi dog to hurt Xiao Wang. There are major faults to be bitten by it, which can reduce the liability of Aunt Yan. Therefore, Aunt Yan compensated Xiao Wang's medical expenses, misunderstandings, and transportation costs of 3,000 yuan. Aunt Yan has performed.
The judge reminded: In recent years, the two dogs are fighting and bite, and the dispute caused by the incident of the owner's incident has occurred from time to time. Due to the sudden incident, the scene was chaotic, and the victims were often difficult to prove whether it was bitten by the other party's dog. In accordance with the relevant provisions of the "Regulations on Restrictions in Hangzhou", if a dog is injured or the illness is sick, the dog competent department is captured or confiscated. The dog owner protects the dog's heart and mistakenly believes that after the compensation, it is equivalent to admitting that his dog bites, so he refuses to compensate. As a result, the contradictions between the two parties have been further intensified and need to be regarded as a warning.
Source: Qianjiang Evening News · Correspondent Huang Weifen Correspondent Binfa Lu Xuan Duty Editor: Zhou Qin
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