In the evening by the side of the river of Hangzhou money pond 8 o'clock, an old person that takes, one does not have the dog of Sa Ma Ye of fasten rope, not careful dash against. This can enter catastrophe.
The old person suffers, open skull operation. About claim for compensation this thing, also not simple.
The old person is to go, have responsibility? Sa Ma Ye does not have fasten rope, how should ultimate responsibility calculate then?
This lawsuit experienced first instance 2 careful, just sentence come down.
China of picture origin vision
Walk along old support of the people not dash against of dog of bolt rope dog
In December 2017 much at 8 o'clock a day night, miss Li and a white not fasten rope also did not handle the card that raise a dog " Sa Ma Ye " in Jiang Bian fair applicable to both or all walks on the road.
Wang Dabai is the same as to falling to walk through. "Sa Ma Ye " collide with Wang Dabai happening, king uncle trip gets hurt.
Be diagnosed to be after cure sending medical service on the right side of the haematoma outside putamen of Nie coping acute, on the right side of injury of jab of Nie leaf head, the haematoma outside collateral putamen opening skull is cleared art, cost in all medical treatment charge more than yuan 70 thousand.
After leaving hospital, wang Dabai is 10 class deformity via appraisal.
King uncle to lodge a complaint, cost of cost of medical treatment of compensation of requirement plum young lady, allowance of food of be in hospital, nurse expenses of cost, nutrition cost, disability compensation, transportation, appraisal cost, spirit damages solatium to wait aggregate nearly 180 thousand yuan.
Go, how many does oneself responsibility have
Wang Dabai says, it is to falling to walk really when the accident, but its ever observed later for many times all around case, cannot foreknow can the animal goes out from the leap up in brushwood, send its to be gotten hurt by run down.
Law did not set a pedestrian that he cannot fall to walk on the road in communal pedestrian, although be put in fault, also be common error only, and cannot maintain for major mistake. At the same time tort liability law sets the 79th times, because raise person or administrative person to those who cause other to damage all do not arrive while management is compulsory, the animal raises a person to perhaps manage a person to ought to assume tort responsibility. And the animal of Miss Li did not handle the card that raise a dog, did not tie dog string, and be in again public, disobeyed a city to raise a dog relevant government regulation. This case ties issue of special tort liability, behoove assumes total liability to pay compensation by Miss Li.
Miss Li thinks, wang Dabai is worn on communal road its back circumstance did not pay close attention to when walking and fall by oneself get hurt, in anamnesis also account " when walking inadvertent oneself fall " , be not by dog run down; Wang Dabai advocates its are subjective consciousness cannot foreknow, also enough explains its did not notice oneself is safe. Wang Dabai falls divine wisdom is sober at that time, without apparently traumatic. Its already stemmed from humanitarian pay for sb and expect to be repaid later 15 thousand yuan, different idea compensates for a request.
Mediation does not think into forensic cognizance
The case adjudicates in first instance of rich this year in March in relief court, miss Li mentions after appeal, 2 careful maintained original judgement a few days ago.
The court is so those who think: Miss Li raises " Sa Ma Ye " with Wang Dabai barge against, cause Wang Dabai's relatively severe loss, should assume liability to pay compensation lawfully; But the dangerous behavior that king uncle night goes also is the main reason that case experience incident produces, enough maintains Wang Dabai to have significant unpremeditated crime. Reason is integrated of Miss Li " Sa Ma Ye " did not do raise card, did not use bundle of dog rope (catenary) , when Wang Dabai goes, did not ensure oneself brings congruent matter, the court decision is assumed by Miss Li among them the responsibility of 60% , the others the responsibility of 40% is assumed by oneself by Wang Dabai.
According to the evidential data that both sides provides, the court is maintained finally, each expenses of Wang Dabai totals more than yuan 150 thousand, because this answers by Miss Li burden more than yuan 90 thousand, deduct early days already 15 thousand yuan of pay for sb and expect to be repaid later, miss Li should pay Wang Dabai finally 80 thousand yuan.
