The 5 -year -old child was bitten by a dog at the neighbor's house.The court sentence

When the five -year -old young child was playing at the neighbor's house, he was bitten by a dog raised by his neighbor's house. After the incident, the strong parents had to negotiate with their neighbors for compensation, and had to sue to the court to ask for compensation. The reporter was informed on the 25th that the pet owner was finally judged by 80%of the responsibility of the pet owner, and the strong parents assumed 20%of the responsibility.

So what does this infringement dispute arise? What basis does the court make the above judgment?

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At 5 pm on October 25, 2020, when he was playing at the neighbor Yu's home, he was bitten by the dogs raised by Yu and the head and limbs. On the day of the incident, Qiang Qiang was sent to a community health service center in Shaoguan to inject rabies vaccine, and was later sent to a people's hospital in Shaoguan for hospitalization for a total of 23 days.

Afterwards, Yu only paid 2,000 yuan to Qiangqiang. Qiangqiang's parents believed that the accident was due to the improper management of Yu Mou's animal management. For various losses such as fees, strong parents and Yu Mou could not negotiate the compensation issues, so they filed a lawsuit.

Regarding the claims of strong parents, Yu believes that as an animal breeder, he has tied the raised animals with iron chains to the pillars, and has fulfilled his obligation to manage animals. There is a great relationship between the strong parents who did not fulfill their duties in this accident. After the strong afternoon after school, they went to his house alone to tease the dog, resulting in a strong bite of the dog wild hair. The compensation costs are not fact and legal basis.

广东韶关仁化法院经审理查明，强强和余某的孙子、孙女是玩伴，事发当天，强强到余某家中玩耍时，余某家饲养的狗本拴在自家门口的石墩On the pillar, the dog will only bite the iron chain when the dog breaks away. When the accident occurs, the strong guardian and Yu Mou are not present.

The court trial believes that according to the relevant laws and regulations of my country, the animal breeder or manager shall bear the infringement liability for damage to others, but it can prove that the damage is caused by the intentional or major negligence of the infringer. responsibility.

In conjunction with this case, Yu as an animal breeder shall bear the liability for compensation. However, a five -year -old child is a five -year -old child. He is a person with no capacity for civil behavior. At the time of the accident, the strong guardian did not monitor the scene, and his guardian knew that Yu's family had raised dogs. Playing in a certain family, not fulfilling the duties of guardianship, and strong guardians in the occurrence of damage, so it can reduce some of the responsibilities of Yu. Combined with the actual situation of the case, the court determined that Yu Mou had 80%of the liability for compensation.

Combined with the facts and evidence of the case, the court determined that the plaintiff's medical expenses and nursing expenses such as medical expenses and nursing expenses totaled 23562.94 yuan, and it was judged that Yu had compensated 20850.35 yuan in accordance with the law. It had previously compensated 2,000 yuan. The amount was deducted from the total compensation.

The court pointed out that in recent years, the disputes between raising animals caused by people are not uncommon. In order to avoid such disputes, animal breeders should strengthen their care of animals and fulfill their management obligations in their daily lives to avoid harm to others. The majority of parents must earnestly perform their supervision responsibilities, and educate children to pay more attention to safety when they get along with pets and play more, and further enhance their awareness of self -protection.

Text/Guangzhou Daily · Xinhua City Reporter: Articles of Association/Guangzhou Daily · Xinhua City Reporter: Wu Ziliang, Articles of Association Guangzhou Daily · Xinhua City Editor: Ye Bijun

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