On December 29, the 50th birthday of Rao Mouquan, a villager in Zhihe Village, Anbian Town, Xuzhou District, Yibin, Sichuan, his daughter Xiao Rao and her son-in-law laid out birthday wine for their father and invited relatives and friends to come to the lively and lively.
In order to increase the festive atmosphere, on the evening of the 28th, the family set off 10 boxes of fireworks on the road outside the courtyard dam. The firing process lasted for more than ten minutes, but there was a certain interval in the middle and it was released in two batches.
About 100 meters near the firing point is a chicken farm with more than 2,000 finished native chickens that are about to be released. When the fireworks are set off, the native chickens are already sleeping in a circle. There are more than 20 chickens on the bamboo trellis in front of the Yao family's house.
At more than 9 p.m., Rao Mouquan received a phone call and learned that the chickens in the chicken farm next door had died due to squeezing and trampling, suspected of being frightened by fireworks. The Rao family rushed to the chicken farm and did see a large piece of dead chickens. The next day the dead chicken was buried deep for harmless treatment,
Master Chen, the administrator of the chicken farm, said that chickens cannot be seen at night, commonly known as "chicken touching the eyes". It is also a timid animal, and even if it is frightened by people, it is also a "chicken flying dog jumping". So when the fireworks suddenly burst into the air, the chickens that were already sleeping were overwhelmed and instinctively squeezed into one place, so a stampede occurred.
On December 29, after mediation with the village committee, the chicken farm accounted for losses of more than 15,000 yuan, and the chicken farm, the administrator and the Rao family each bore one-third. But Xiao Rao, who hosted his father's birthday party, and her husband did not approve: "First, how to prove that the death of the chicken is related to fireworks?" Second, family difficulties are also unable to compensate. ”
The Red Star News reporter noticed that the chicken shed of the chicken farm was on a slope, half flat, half suspended, and the hanging place was made of wooden sticks as beams, and plastic mesh pads were laid, and chicken manure could leak. A wooden beam in the hanging area of the chicken shed broke, and Master Chen said that it was crushed when the chickens were beating the church.
"My family of more than 20 chickens slept next to the fireworks display point, which was particularly close, but none of them died. Why are chicken farms so far away and still dying so much? Xiao Rao could not accept the statement that "setting off fireworks to scare the chickens to death" and refused to compensate according to the previous plan.
The person in charge of the chicken farm told reporters that the chickens were frightened and trampled on the hall, which is directly related to the sleeping chickens being frightened by fireworks, and there are many similar cases on the Internet. Moreover, fireworks and firecrackers cannot be set off around the chicken farm, and the loss is larger this time, considering that they are neighbors, they only ask each other to lose one-third.
The Red Star News reporter consulted the Yibin Xuzhou District Public Security Sub-Bureau, because the place of the incident was in a rural area far away from the town and was not within the scope of the ban on fireworks. As for the fact that fireworks cannot be set off near the chicken farm, the Rao family said that they did not know, and the chicken farm did not greet them in advance.
Tang Faguang, a lawyer at Sichuan Lifa Law Firm, believes that this case is a multi-cause tort dispute, and objectively speaking, the continuous display of fireworks and firecrackers is an important factor that leads to the mass death of chicken farms, but it is not excluded that there are other factors. Therefore, it is true and reasonable for the owner of the chicken farm to claim compensation for part of the loss. Article 6 of the Tort Liability Law stipulates that the perpetrator shall bear tort liability for infringing on the civil rights and interests of others due to fault. Where it is presumed that the actor is at fault in accordance with the provisions of the law, and the actor cannot prove that he is not at fault, he shall bear tort liability.
Wang Rengen of Sichuan Mingju (Longquanyi) Law Firm said: This incident is relatively special and cannot be simply regarded as an infringement incident. The owner of the chicken farm needs to rely on evidence to blame the death of the chicken on the firecrackers of the neighbor, but the existing facts can only be speculated. Even if it is proved to be related to firecrackers, it cannot be fully attributed to firecrackers, but may also be related to chicken farm breeding, management, and facilities.
Lawyer Wang Rengen believes that in short, there is no direct causal relationship between the release of firecrackers and the death of chickens, and the result cannot be foreseen in advance, and it is recommended that the two sides negotiate to deal with it. If the consultation fails, more powerful evidence needs to be collected and the court is requested for a decision through litigation.
We will all be frightened by chance, animals are the same, but did not expect that animals will be frightened by such things, such cowardly animals are cute, share a group of funny animals frightened gif, enjoy it together.
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