Cover news reporter Xie Ying
Recently, the Bazhou District Court of Bazhong City pronounced a judgment on a dispute over the liability for damage caused by raising animals, and ordered the defendant to compensate the plaintiff for 99,405.17 yuan in related expenses.
On the morning of One Day in August 2020, when Wang Moumou was walking and exercising on the public fitness trail of Jiangbei Binhe Road in Bacheng, an Alaskan dog that was not walking dog rope and did not wear a muzzle approached, Wang was frightened and fell and was injured, and was immediately sent to the hospital for treatment, and later identified Wang as a grade 10 disability. After being discharged from the hospital, the two parties had a dispute over the compensation amount, and Wang X sued the dog owner Zhang X in court, and after the judgment, Zhang X compensated Wang X for various losses of 99405.17 yuan.
The court held that in a case of dispute over the liability for damage caused by the animal, although the animal was not in direct contact with the victim, but the victim fell and was injured due to its dangerous actions such as chasing or approaching, it should be found that there is a causal relationship between the animal breeder or the manager and the victim's bodily damage, and if the animal keeper or manager cannot produce evidence to prove that the victim has intentional or gross negligence in the occurrence of the damage, he shall bear the full tort liability. In this case, the dog involved in the case is only a large dog, and When Wang xxx sees it entering his own safety boundary, he instinctively has a fear psychology, so Wang xxx, when he sees that the dog involved in the case is approaching without any restraint measures, the behavior of avoiding and falling down due to instinctive fear does not exceed the scope of the normal reaction of ordinary people, and there is no evidence to prove that Wang xxx has intentional or gross negligence such as active provocation, punching, and chasing in the process of injury, so Wang xxx himself is not at fault. Therefore, Mr. Zhang should bear full responsibility for Mr. Wang's damage.
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