The girl was bitten and killed by the girl, and her parents claimed 1.5 million. The court sentenced!

Recently, the People's Court of Haidian District of Beijing announced a civil judgment of a civil junior trial of life rights, health, and physical rights disputes.

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 result of the referee was: the six defendants compensated about 336,900 yuan. Among them, the three silver rings sellers compensated about 252,700 yuan, the transfer company compensated about 33,700 yuan, and the two express companies compensated about 50,500 yuan.

Parents believe

The online shopping platform sellers and logistics are responsible

When it comes to the daughter's misfortune, according to a mother, her daughter has been keen to raise pets such as puppies, birds, bunny and other pets in recent years. She wanted to open a pet shop, but the parents refused to consider that her daughter had no experience. Selling pets on the stalls.

"When did the Silver Ring Snake buy it at 6:53 pm on July 9th, I received a call from the baby on the first floor of my home and said she was bitten by the snake." Yi Mou's mother He said that he hurried up to the daughter's room on the second floor, and asked the situation to take the doctor in a hurry. 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, and the husband looked for it at home overnight, but did not find it. According to the information released by the Forestry Bureau of Huazhou District, the dead silver rings were found by the search team in the vegetable market garbage.

At 5 am on July 17th, symptoms such as high fever and arrhythmia occurred in a certain way, and then died unfortunately.

After the incident, relatives and friends checked Yi a mobile phone and found that the Silver Ring Snake was bought from a man with a mobile phone app from a mobile app. The other party did not certify on the platform. Yimo's mother said: "I also watched the chat history of my daughter and the seller. The other party said that the silver ring snake was toxic, and it was very toxic. I had to wear gloves when I was in contact."

She said that relatives and friends later chatted with the other party in the name of buyers. 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 ... "

Yimo's mother believes that her daughter should be died by biting the silver ring snake, and she should bear responsibility. 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. If the courier company can check in accordance with the requirements and stop sending it in accordance with regulations, this silver rings will not go to the hands of her daughter.

Data map: Firefighters received help and arrested the silver rings at the residents' house. Source: Bronze Ren Fire Video Screenshot

The related parties are not "innocent"

According to the Beijing News, the most common debate of the platform for such cases is that I am just an intermediary, and the transaction is achieved by the buyers and sellers. After all the obligation to remind; the most common debate of express delivery companies is that I am only responsible for transportation, and I can't see whether it is illegal to transport items from the appearance.

However, just as the "if there is no" judgment criteria quoted by the court, none of the affiliated parties were innocent during the entire incident.

Silver Ring snakes have three protection of wild animals in my country. The online sales behavior of Shao and others directly violated the "Wildlife Protection Law" and "Regulations on the Implementation of the Protection of Lu Sheng Wildlife". The seller's responsibility is the most controversial, and the buyer's risk is not prompted because of the sales direction, and the responsibility for illegal sale can be exempted.

The platform provides two online trading platforms and services for two online shopping. The platform is indeed intermediary and carrier, but Shao Mou has high -level sensitive words such as "silver rings" and "not poisoning" on the platform and has a silver ring snake. Selling information of the picture. Not to mention that the transaction has been reached. As long as there is such sales information, the platform reviews the negligence.

In the two groups of transactions, express delivery companies have implemented their acceptance of wraps with silver rings, transportation, and delivery to Yang Moumou. It is precisely because the courier company only sends out or at least not effective inspection, which has formed a complete closed loop of illegal transactions. In accordance with the relevant provisions of the "Postal Law", "Provisional Regulations on Express Express", and "Regulations for the Management of Delivery Items", courier companies establish and implement the recipients and inspection system are not only to cope with the unreasonable danger of known and unknown knowing in the process of express delivery. Legal obligations.

In comprehensive facts and laws, the court found that the six defendants implemented the illegal behavior of the Silver Ring Snake Network Trading Services, Sales, Mailing, Transport, Transport, Transport, and Delivery in the two groups of transactions.

Source: Huashang Daily (reporter Wei Nan), Beijing News (text/Wang Lin legal scholar)

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