The twilight hoe plows the empty room, and hu'er climbs the mountain to collect the acorns. Xijiang Jia Ke Zhu Bai Hu, the boat dog long meat. - "Wild Old Song"
Tang Dynasty poets lamented in their poems the gap between the rich and the poor in ancient times, the poor people were so poor that they only had hoes and ploughs and rakes left, and they had no land to plant, so they took their sons to the mountains to collect acorns to fill their hunger. And the wealthy merchants, the family jewelry is measured by the hu, and even their dogs eat meat every day.
This poem inevitably reminds people of the present, in the case of some mountain children can not even eat, some Internet celebrity bloggers have eaten steak for their pet dogs, and the gap between the two sides is visible to the naked eye. The most infuriating thing is that there are some people who do not have a leash and are willing to spend millions of dollars on an expensive pet group, but they are not even willing to pay for hundreds of thousands of medical expenses for biting people.
In Zhengzhou, there was a tragedy of a four-year-old boy being bitten to death by a vicious dog, and the family claimed 130,000 yuan from the other party after the death of the child. In a fit of anger, the other party was directly sued in court, and finally the court sentenced the dog owner to 160,000 yuan in compensation, which was a very happy ending.
Tao Tao is a young boy in a village in Zhengzhou, Henan Province, who lives with his grandparents because his parents have been working outside for a long time. Although there are no various toys and electronic devices in the city, there are also the joys of rural people, such as Tao Tao, who likes all kinds of poultry and small animals since he was a child, and can often play with chickens and ducks.
In August 2015, Tao Tao heard that the ducks of the villager Yuan Mouzhong's family had been born, so he took his grandmother's hand to see the ducks. It just so happened that Yuan Mouzhong and Tao Tao's grandfather were very familiar, so Tao Tao's grandmother took her grandson to visit the door. After coming to the Yuan family, Grandma did not forget to remind Tao Tao to be careful of the dogs raised by the Yuan family.
It turned out that Yuan Mouzhong had a fierce large dog at home, and this dog was usually even fierce to Yuan Mouzhong's relatives, not to mention Tao Tao, who was only 4 years old. But fortunately, Yuan Mouzhong usually leashs the dog, but somehow, this day Yuan Mouzhong's dog was not leashed.
Therefore, as soon as Tao Tao entered the house, he was thrown down by the vicious dog that rushed out, pressing down on the ground and biting madly. After hearing Tao Tao's cries, Grandma did not care about the danger, and took an iron rod to drive away the vicious dog. At this time, Yuan Mouzhong also found the bitten Tao Tao, and quickly took the child to the town to get rabies vaccination.
The two have a close relationship, and Grandma Tao Tao did not let Yuan Mouzhong pay for medical expenses. But after Tao Tao finished the vaccination, the situation did not improve, but felt a severe headache. Tao Tao's grandparents saw that the situation was not right, and immediately called back their sons and daughters-in-law who were working outside and took Tao Tao to the hospital.
After the diagnosis, the doctors in the town found that Tao Tao's cerebral blood vessel ruptured and he needed to operate immediately. However, the hospital in the town did not have this condition, so it was suggested that Tao Tao's elders take him to the city for treatment. In this way, Tao Tao was once again transferred and underwent surgery in Zhengzhou City. Although the operation was successful, Tao Tao's illness was worsening, and Tao Tao, who finally lost hope, closed his eyes forever.
In order to treat Tao Tao, the family spent more than 300,000 yuan, but Yuan Mouzhong's family also has an unshirkable responsible person, so Tao Tao's parents found Yuan Mouzhong and hoped that he could also bear some costs. At first, Yuan Mouzhong said that he was responsible and was unwilling to bear it, but when he heard that The Tao Tao family wanted 130,000 compensation, his face suddenly changed.
Obviously, Yuan Mouzhong is not willing to take so much money out, but the Tao Tao family has also spent a lot of savings, and the two sides have negotiated many times because of the problem of medical expenses, and there has been no result. In the end, Yuan Mouzhong simply questioned, he believed that Tao Tao's death had little to do with the dog, and it was likely caused by his own disease, rather than being infected with rabies after being bitten by a dog.
In desperation, Tao Tao's parents can only sue Yuan mou in court, hoping to get the compensation they deserve through legal means. However, since the two sides have torn their faces, Tao Tao's family will no longer retain, demanding that Yuan Mouzhong compensate all medical expenses and death compensation totaling 350,000 yuan.
The Civil Code of the Mainland clearly stipulates that if an animal is raised and causes damage to others, the animal keeper or manager shall bear tort liability; however, if it can be proved that the damage was caused by the intentional or gross negligence of the infringed person, the liability may not be borne or mitigated.
When Tao Tao was bitten, he did not take the initiative to provoke the vicious dog, but the vicious dog was not leashed, and took the initiative to attack Tao Tao and finally tore it to death. Therefore, as the owner of the vicious dog, Yuan Mouzhong should bear the corresponding tort liability. At the same time, Article 1247 of the Civil Code of the Mainland also stipulates that if dangerous animals such as fierce dogs are prohibited from breeding and cause harm to others, the animal breeder or manager shall bear tort liability.
Yuan Mouzhong's raising of dangerous fierce dogs and injuring people is an illegal act, so yuan mouzhong should compensate Tao Tao just for the fact that raising dogs hurts people. But was Tao Tao's death caused by a dog bite? How much compensation should Yuan Mouzhong pay to be suitable?
After the diagnosis of the hospital, it was found that the cause of Taotao cerebrovascular disease may be caused by head injury, infection, immune disease and congenital arterial wall structural abnormalities. Although it is not certain that it was directly caused by the attack by the vicious dog, this possibility is not excluded, and each bears half of the responsibility in accordance with the principle of fairness.
And in this case, Yuan Mouzhong needs to bear part of the responsibility, but Tao Tao's grandmother can not stay out of the matter, as a guardian, did not protect Tao Tao, is a dereliction of duty, is also one of the faults, need to bear a certain responsibility.
In summary, the court finally made a reasonable judgment, according to Article 1165 of the Civil Code: If the perpetrator infringes on the civil rights and interests of others due to fault and causes damage, he shall bear tort liability. Yuan Mouzhong compensated Tao Tao's family for 160,000 yuan in compensation, and the rest of the medical expenses were borne by Tao Tao's family.
Such a result is very gratifying, originally Tao Tao's family considered the friendship between the two families, thinking of claiming 130,000 yuan and no longer pursuing Yuan Mouzhong's responsibility. But Yuan Mouzhong was unwilling to take responsibility and was reluctant to spend money. In the end, if you go to court, you will have to pay 30,000 yuan more, which can be described as self-inflicted and self-inflicted. It's just a pity that 4-year-old Tao Tao, at an ignorant age, left this world and did not have the opportunity to start his own life.