The 76-year-old walks around the hotel
Suddenly, he was attacked by two great white geese and maimed
The image comes from the Internet
Recently, the Anji County People's Court held a hearing on the dispute over the right to life, health and body.
Case Review
In November 2018, 76-year-old Shi and his companions participated in a three-day tour of a scenic spot in Anji and stayed in a hotel next to the scenic spot. On the day of check-in, Shi and the others were walking on the forest path near the pond next to the hotel, when suddenly two large white geese spread their wings and rushed towards Shi and attacked him. One of the big white geese tore and bit Shi's pants, and Shi fell on the spot, resulting in a fracture, and was pecked by the goose in many places on his body.
Pictures of the scene
After appraisal, Shi Mou caused a grade 8 and a grade 9 disability in his body due to this accident. Due to the injury and postoperative infection, Shi was hospitalized five times for a total of 179 days, resulting in a total loss of more than 580,000 yuan in medical expenses and nursing expenses.
"The pond and the goose are very popular in this hotel, and we also saw a lot of people taking pictures with the geese before going for a walk, and we didn't expect such an accident to happen." A companion of Shi mou said.
For the issue of compensation
Shi Mou believes that the hotel party, as the hotel manager and the beneficiary of the Great White Goose Landscape, should bear all the liability for compensation.
The hotel side believes that the place of the incident is not the direct management scope of the hotel, the hotel is not the manager of the big white goose, the incident was daytime, Shi had the obligation to protect himself, and Shi did not prove why he fell.
After repeated unsuccessful negotiations between the two sides, in August 2020, Shi sued the hotel to the Anji court.
Court judgment
After trial, the court held that the hotel where the accident occurred was not only used for housing, but a comprehensive resort hotel composed of houses, woods, sightseeing areas and other environments, and the hotel accommodation area could walk to the accident site without going through the wall, fence, gate and other area markers, so the hotel claimed that the accident site was not its business premises could not be established.
As for the cause of Shi's injury, many witnesses went to court to state that they witnessed the great white goose pecking and biting Shi and causing him to avoid and fall, which the hotel staff did not deny. Combined with the testimony of witnesses and the hotel's attitude towards the cause of the accident in the negotiation between the two parties afterwards, Shi Mou's injury due to the pecking of a large white goose has reached a high degree of certainty, so the fact is recognized.
As a business operator, he has management responsibilities for the premises, personnel, goods, etc. within the scope of his business, and also has the obligation to ensure the safety of his business premises, so he should bear the liability for compensation for the results of the injury caused by the great white goose.
In the end, after deducting the amount already paid by the hotel, the court ordered the hotel to compensate Shi for medical expenses, nursing expenses, and consolation payments for mental damage totaling more than 590,000 yuan. After the judgment, neither party appealed, and the hotel has now fulfilled the judgment in accordance with the content of the judgment.
Source: Anji County People's Court
Source: Bengbu Inspection