Guide
The newly revised Animal Epidemic Prevention Law came into effect on May 1, and "walking a dog without a leash is suspected of being illegal" has also become a highly concerned provision. (Previously reported→ @ Beijing citizens, from May 1, such a dog walk will be illegal!) Recently, beijing Shunyi there was a dispute over the liability for the damage of raising animals, the ancient old man Zhao Mou was thrown down by the pet dog in the community and died suddenly, and his family sued the breeder to the court, claiming more than 800,000 yuan. On May 12, the Beijing Shunyi Court heard the case.
Claimed more than 800,000 yuan
Plaintiff: The owner of the dog shall bear the tort liability
The plaintiff, Jiao, claimed that at about 23:38 on the evening of March 12, 2021, when his 72-year-old wife Zhao was walking his dog in the courtyard of the community, the dog raised by Zhang pounced on Zhao, and she fell and was injured. About ten minutes, Zhao lost consciousness, Jiao probed his wife's nose and found that there was no breathing, and Jiao quickly called 120 emergency rescue. When he arrived at the district hospital, Zhao had stopped breathing and heartbeat, and later died due to ineffective rescue.
Jiao said that Zhang raised an adult side herd, with a height of more than 35 cm belongs to the forbidden dog breed, did not apply for a dog license, and Zhang did not lead the dog leash when walking the dog. Jiao believes that Zhang did not leash the dog when he walked the dog, did not take safety measures for the animals, and the animals he raised caused Zhao's death, and Zhang should bear tort liability. The two sides could not reach an agreement on the issue of compensation, so they sued the court, requesting that Zhang be ordered to pay death compensation, funeral expenses and consolation money for mental damage totaling 839878 yuan.
Monitoring records the incident
Defendant: The plaintiff himself fell
The plaintiff, Zhang Mou, argued that he did not bear any legal responsibility for Zhao's death. At 23:38 on the same day, when he found that his side shepherd dog and the pastoral dog led by Zhao were chasing, he immediately went to control the side shepherd, he and the side shepherd did not have any attack and harm to Zhao, and Zhao used his foot to kick the side shepherd dog as many as 7 times, in the case that the side shepherd dog was controlled and did not pose any danger to Zhao, Zhao's last kick of the side shepherd dog retreated, and fell down for his own reasons without the action of external force. Zhao immediately got up and prepared to go home, and when Zhang went to the door of Zhao's house, Zhao said that his waist was uncomfortable.
Zhang said that at 23:52, he and Jiao exchanged phone calls and prepared to escort the dog home to the hospital. Unexpectedly, without taking a few steps, Zhao passed out, "I carried it into Zhao's home with Jiao." Around the early hours of the morning, 120 ambulances picked up Zhao. After sending the dog home, my wife and I immediately went to the hospital and paid for the rescue. ”
Zhang said that the death appraisal conclusion showed that Zhao mou died suddenly. Combined with Zhao's history of hypertension and other diseases, Zhang believed that the direct cause of his death was caused by his own serious underlying disease, and there was no legal causal relationship with the behavior of Zhang and the dog, and requested the court to reject Jiao's claim.
Trial Highlights:
Fall on your own? Or was it knocked down?
In the trial, Zhang pointed out that his dog is very docile, and from the surveillance video, it can be seen that Zhao's dog attracted his dog to the past, and the pastoral dog yelled at his side collie, and it was Zhao who had been kicking and kicking the side herding dog, causing him to fall.
Daughter of the deceased: "The defendant said that the dog was not aggressive, but from the video, the dog pounced directly on my mother, and if the dog was far away from my mother, it could not be kicked at all." When people are attacked, they subconsciously kick. ”
For whether Zhang mou gave help after Zhao fell, the two sides have different opinions. The plaintiff, Jiao, said that after Zhao was knocked down, Zhang and his dog left the scene and did not help Zhao in any way. Zhang Mou defended that he followed Zhao back home, and at the time of the incident, he did not see Zhao fall, and when he turned back, Zhao had already stood up.
Defendant Zhang Mou: "At the scene, Zhao stopped me, asked me not to go and say that she had waist pain, and then I asked her if she was okay, she left, I went to their door, after a while Zhao's wife came out and called me, I told my family that I would go to the hospital if I couldn't do it." “
Plaintiff Jiao: "I chased it back, and then I asked Zhang to give me the phone number, and then my wife fainted, and when I got into the house, I called 120." ”
In the trial, Zhang insisted that the elderly went to walk the dog near the early morning, and the family should accompany or stop it, so the family should also bear responsibility.
For the reasons for not applying for a dog license and not being leashed, Zhang Mou explained that his household registration was not in Shunyi, so he did not handle it and did not report to the place of residence; it was late at night at the time of the incident, and the surrounding area was semi-encircled, so there was no leash.
Zhang also added that although he did not apply for a dog license, but now the dog has been confiscated and fined 5,000 yuan, he did not apply for a dog license can not be used as a basis for liability. When the incident occurred nearly midnight, walking the dog on the enclosed and empty lawn of the community, it was reasonable that the dog chain was not leashed, and he could not predict that Zhao Mou came out to walk the dog during this time. After the incident, Zhang took the initiative to carry out rescue and treatment and brought gifts to condolences, so he should not bear tort liability.
On the day of the trial, no verdict was pronounced in the case.
If nothing happens, it's over
It is too late to regret something big
Whenever and wherever you are
Walking the dog must remember to put on a leash
Source: Beijing Traffic Radio