Walking dogs without rope dog owners compensation accident injured car owner 20,000 yuan

Changsha Evening News, Changsha, August 19 (All Media Reporter Liu Shuyuan Correspondent Lei Bo) He did not hold the dog to walk the dog. Once the dog was in the accident, the dog's owner needs to bear the corresponding compensation liability. The reporter learned from the People's Court of Liuyang City today that the court recently tried a dispute over the "Dog Cangle Motorcycle Human injury" infringement liability dispute, and eventually reached a mediation agreement with the dog owner Xu's injured car owner Chen, Chen Mou.

Big yellow dogs rush to the road and knock on the motorcycle

At about 6 am on June 24, 2021, the 110s Police Center of Liuyang City received an alarm that someone rode a motorcycle to collide with a dog who entered the road, causing motorcycles to be injured. The Guanqiao Police Station received 110 instructions to the police, and then transferred the case to a squadron for a squadron of Liuyang City Traffic Police Brigade. During the accident handling, the injured owner Chen said that when he drove a motorcycle to the road, he coincided with the dog owner Xu and walked two dogs on the side of the road. Chasing, one of the big yellow dogs rushed to the middle of the road and collided with the motorcycle he rode, causing him to fall to the ground.

Chen provided the "Explanation of the Situation" supplemented by the police station afterwards, and a squadron of the Liuyang Traffic Police Brigade issued the "Certificate of Road Traffic Accidents". The "Situation Description" preliminarily determined the process of the accident, stating: "After a police officer ... because the two dogs may not be a dog rope, one of the dogs rushed to the front wheel of Chen's motorcycle during the chase, which caused Chen's two -wheeled motorcycle fell to the ground. Chen was injured on his right foot calf. He has now been transferred to the fourth squadron of the Liuyang Traffic Police Brigade for treatment. "The" Certificate of Road Traffic Accident "combined with the situation and the two parties statement, the motorcycles and dogs The facts of the collision were determined, but the conclusion was that the basic facts of the accident could not be found, and the cause could not be judged.

However, Chen believes that the documents issued by the local police station and the traffic police team have shown that the basic facts that motorcycles collide with the big yellow dogs raised by Xu. Therefore, Xu, as a breeder, should bear the liability for compensation.

The dog owner argued that his own yellow dog was not injured

After the accident, Xu Mou, the owner of the big yellow dog, paid 2,000 yuan in medical expenses for the injured Chen, but the two parties could not reach an agreement on the subsequent compensation issues. "Specifically, is it my dog, and I didn't see it. There were many dogs at the scene at the time, and it was not clear which dog." Xu said that the reason why he paid medical expenses at that time was exactly the reason for the medical expenses of the medical expenses. Out of humanitarianism, he did not want to be entangled with Chen. After the incident, he checked his big yellow dog and did not find the injury. Now the big yellow dog has died poisoning, and he can't make it clear about whether he is his own big yellow dog.

After investigation, there were neither video surveillance videos at the scene of the incident nor third party witnesses. A certificate from the villager committee of the villager committee of Jijianghe Village, Guanqiao Town states that "Xu has been fed a big yellow dog and a yellow pet dog has been fed since 2021. The big yellow dog died in September 2021. Facts, but there are still many big yellow dogs around it. "

To this end, Xu believes that after the accident, the big yellow dogs raised were not injured, and many households had raised big yellow dogs nearby. Provide a big yellow dog "not present."

During the investigation of the court, although the two parties were not completely consistent with the statement of the incident, in general, the incident was closer to Xu's house, and Xu admitted that he did not hold the rope when he walked the dog. Follow the possibility of running out and accident.

The court mediates the dog owner to pay the injured owner 20,000 yuan

The difficulty of this case is that the conclusions of the police station and the traffic police team are not completely consistent, and the accident responsibility is not divided. So is there any causal relationship between Chen's injury and the big yellow dog raised by Xu? In order to further find out the facts of the case, the judge visited the Guanqiao Police Station and a squadron of the Congress of Liuyang City to inquire with the relevant case handling personnel. Because other facts cannot be found, the responsibilities of all parties cannot be clarified, nor can they issue the "Road Traffic Accident Confix", which can only reflect the objective facts of the case as much as possible.

After the judge's first study, the case was submitted to the professional judge meeting for discussion. On this basis, the organizer organized the original and the defendant to mediate, and explained the rules and facts of the evidence. In the end, under the mediation of the judge's targeted law popularization law, both parties stated that the court recognized the court's analysis and judgment of the case, and the two parties reached an agreement on the issue of losses sharing, and Xu will compensate Chen to more than 20,000 yuan to mediate the case.

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