Mr. Hu died two months after he was bitten by a dog. Mr. Hu's family brought the dog owner to court, claiming more than 1.8 million yuan.
On January 9, a reporter from the Paper (www.thepaper.cn) learned from the People's Court of Jinshan District of Shanghai that the court recently closed the case of compensation for animal husbandry caused by dog bites. After the first and second trials, the court made a final judgment, and the dog owner Mr. Yao should compensate Mr. Hu's family members for various losses totaling more than RMB 460,000.
Dog bites and is killed by owner
In 2017, Mr. Yao bought a golden retriever puppy from a pet store and raised it. At the time of purchase, this puppy was vaccinated against rabies, but has not been vaccinated subsequently.
One day in mid-May 2018, when Mr. Yao saw the golden retriever refused to eat, he asked Mr. Hu, a dog breeder, to check on the situation of the golden retriever on the suggestion of the landlord. Looking back, Mr. Yao found that there was a one-yuan coin-sized wound on Mr. Hu's arm that was bleeding.
"I asked him how he did it. He said he was bitten by golden retriever. I asked him to get a shot. He said it was okay. He was bitten many times by dogs. They are domestic dogs, not stray dogs. After he finished, he left. "Mr Yao recalled afterwards.
After returning home, Mr. Hu rinsed the wound with clean water for several minutes without any other treatment or vaccinations against rabies vaccine and anti-rabies immunoglobulin.
Seeing the dog biting someone else, Mr. Yao was so angry that he decided to teach the dog and was bitten by the dog. Afterwards, the more Mr. Yao wanted to get more angry, he killed the golden retriever with a stick.
On August 3, 2018, Mr. Hu went to the hospital for treatment due to physical discomfort, and then went to the Shanghai Public Health Clinical Center for treatment. He was diagnosed with rabies. On August 10, 2018, Mr. Hu died. Shanghai Jinshan District Center for Disease Control and Prevention issued an investigation, proving that Mr. Hu had not been vaccinated against rabies before and after he was bitten.
On October 9, 2018, Mr. Hu ’s father, mother, wife, and daughter were the heirs. He believed that the golden retriever dogs raised by Mr. Yao had not obtained a dog breeding certificate and had not been vaccinated against rabies, and had bitten Mr. Hu and caused his death. Mr. Yao should bear Liability for infringement was brought to court.
Dog owners get vaccinated afterwards
During the trial, Mr. Hu's family requested the court to order Mr. Yao to pay more than 1.8 million yuan for his medical expenses and death compensation.
Mr. Yao stated that he was also bitten by the dog the same day that Mr. Hu was bitten by a golden retriever, and that he did not immediately receive rabies vaccine and anti-rabies immunoglobulin at that time. When Mr. Hu became ill, he did not have any symptoms, indicating that the dog was very unlikely to carry rabies.
At the same time, Mr. Yao believes that Mr. Hu himself also had serious faults. He treated the wound at will after being bitten by a dog and did not seek medical treatment in time. As an adult who has kept a dog for a long time, he did not fulfill his duty of sufficient care and had serious faults.
The focus of this case is whether Mr. Hu's rabies was caused by Mr. Yao's dog bite.
According to analysis of medical common sense, the high incidence of rabies is generally about three months after the bite. Mr. Yao himself and Mr. Hu were bitten by the same dog on the same day, but they were treated differently: According to Mr. Hu's wife, Mr. Hu told her that he was bruised by a dog cage after the bite, but just rubbed with iodine After taking a look at the wound, I made a simple treatment, and did not seek medical treatment for the vaccine afterwards. Based on the high incidence period of three months, the onset time of Mr. Hu ’s rabies basically coincided with the time of his bite.
According to Mr. Yao's statement, he was rinsed with shower gel after being bitten, and was re-vaccinated on August 5, 2018. In comparison, Mr. Yao's treatment is relatively reasonable, but only Yao can be said Mr. has not yet become ill.
In this regard, the court held that it was very possible for Mr. Yao's dog to bite Mr. Hu without his owner present. In fact, the dog also bitten Mr. Yao himself on the same day. It can be seen from the above situation that Mr. Yao's dog biting Mr. Hu is indeed a high probability event.
During the trial, Mr. Yao argued that Mr. Hu himself also owns dogs and claims to have been bitten by dogs. The rabies that Mr. Hu got may be caused by a self-bred dog or caused by a golden retriever dog biting his wound to contact other dogs. .
In this regard, the court held that according to the relevant rules of evidence, Mr. Yao did not provide evidence to support his claim. The dog who was bitten has been killed and thrown into the river, and it is impossible to make a forensic identification of whether the dog has rabies virus. And Mr. Yao ’s dog did not have been vaccinated in 2018, so Mr. Yao ’s argument is that it is difficult for the court to support, and it can only be presumed to be based on the time when Mr. Hu was bitten, how he was treated, and the time when he developed the disease. The death of rabies was caused by Mr. Yao's dog bite, and Mr Hu's family's statement is more reasonable.
Court rules dog owner to pay more than 460,000 yuan
After the trial, the court found that if the raising of the animal caused damage to another person, the animal keeper or manager should bear the tort liability, but it can be proved that the damage was caused by the infringer's intention or gross negligence. Mr. Hu died of rabies after about 2 months due to his failure to receive rabies vaccine after his injury. It is very convenient to inject rabies vaccine in Shanghai. The victim is fully qualified to take the vaccine as soon as possible to prevent the consequences, but he has decided not to inject the rabies vaccine. His own fault is the main cause of the consequences of the death of the victim. The victim should be responsible for himself Major consequences liability. However, Mr. Yao should seek help from a specialized agency instead of listening to folk experience when he finds that the dog has behaved abnormally. As an animal breeder, he should bear secondary responsibility in this case.
After the first and second trials, the court made a final judgment, and Mr. Yao should compensate Mr. Hu's family members for various losses amounting to more than RMB 460,000.
At present, the difficulty in the case of compensation for animal husbandry lies in the collection of various evidences. The judge suggested that after a similar situation occurs, the victim should pay attention to collecting relevant evidence, such as finding eyewitnesses to confirm the identity of the dog and the biting incident, or taking a picture of the scene at the time with a camera to carry the card .
(This article comes from Surging News. For more original information, please download the Surging News app.) Back to Sohu, see more