"If you don't step on the cat, will the cat scratch you?" I'm not responsible! "In Qingdao, Shandong, when the community worker Xin went to Liao's home to conduct a census, he accidentally stepped on Liao's cat, and then was scratched by the cat, and Xin sued Liao, claiming 1877 yuan for treatment fees.
(Source: Qingdao Intermediate People's Court)
On the day of the incident, Xin entered Liao's home to carry out census work after Liao's consent, and after entering the house, he accidentally stepped on Liao's cat, and the frightened cat waved his claws and scratched Xin.
Liao's cat was not vaccinated against rabies, there was a risk of infection with rabies virus, Xin went to the hospital for treatment and vaccination, costing 1877 yuan.
After Xin called the police, after consultation, the two sides could not reach an agreement on compensation matters, and Xin sued Liao to the court.
Xin believes that Liao mismanages the cat and lets the cat run out, causing him to inadvertently step on the cat.
Moreover, after being scratched by a cat, I have always felt dizzy, afraid that there will be sequelae in the future, and I heard that this vaccine does not guarantee that there will be no problems after many years. Liao violated his legitimate rights and interests and should be compensated.
Liao mou does not agree with Xin Mou's point of view, he believes that he keeps the cat at home, the cat loves to go wherever he goes, and Xin is such a big person, walking without paying attention to observation, the cat who stepped on first, Xin Mou's injury is completely caused by himself, has nothing to do with himself, and should not be compensated.
So, legally speaking, does Liao need to be held responsible?
Article 1245 of the Civil Code Where an animal raised 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.
According to the provisions of the Civil Code, the presumption of fault liability applies, and the animal manager may be exempted or mitigated by the animal manager if the victim has intentional or gross negligence.
That is to say, once the situation of raising animals to harm others occurs, the owner of the animal must produce evidence to prove that the victim is subjectively intentional or grossly negligent, so as not to be liable.
Specific to this case, Liao needs to provide evidence to prove that Xin's act of stepping on the cat was intentional or grossly negligent in order to be exempted from liability for compensation.
During the trial, although Xin and Liao had no objection to the act of stepping on the cat, Liao could not provide evidence to prove that Xin's act of stepping on the cat was intentional or grossly negligent.
After the trial, the court held that Liao knew that there was a cat at home, and when Xin entered the home, he did not remind him and did not take measures to actively prevent it, resulting in Xin being scratched by the cat because he did not notice the cat raised by Liao.
Although the cat was stepped on by Xin before scratching Xin, Liao did not submit evidence to prove that There was intentional or gross negligence in Xin's act of stepping on the cat, and should bear full liability for compensation.
Finally, the court of first instance ruled that Liao was liable for all the compensation for Xin's damages and compensated Xin for 1877 yuan. Liao was not satisfied, filed an appeal, and the second instance upheld the original judgment.
It is worth mentioning that both parties have entrusted lawyers to act on behalf of the lawsuit, for this 1877 yuan, two lawsuits have been fought, which is quite a bit of the meaning of not steaming steamed
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