For big cities, many people will keep pet dogs, but when you go out, you must tie up your dogs. It's not good to bite or frighten others! Recently, the people's Court of Jinjiang District of Chengdu City tried a case of personal injury dispute. Because the dog owner walked the dog without a rope, the dog suddenly appeared to frighten the pedestrian, causing pedestrian injury, and the dog owner was finally sentenced to compensate the pedestrian nearly 50000 yuan.
Incident
Zhao raised a husky. One evening, Zhao walked his dog on the street next to the community, but he didn't tie the dog rope. It happened that Chen, who was in the same community, went out to buy vegetables and sat on the stone chair beside the street to manage his shoes. He got up and suddenly found that there was a husky in front of him. He fell to the ground and couldn't stand.
Later, Zhao sent Chen to the hospital for medical treatment. After diagnosis, Chen needed to be hospitalized for lumbar fracture. Ten days later, Chen was discharged from the hospital and had five further visits, which was identified as grade 10 disability.
What does level 10 disability mean?
Level 10 disability is one of the disability levels. According to the regulations of the State Council on work related injury insurance, the level of disability is divided into one to ten levels.
The first level is the most important, which means that we can't take care of ourselves in our daily life and lose social interaction.
Grade 10 disability means that the ability of daily activities, work and learning, social interaction ability and other parts are limited.
Chen spent 7996.15 yuan on outpatient and inpatient treatment, while Zhao paid 2009 yuan.
Chen thought that his injury was caused by the fright of husky raised by Zhao, who should compensate for all the expenses.
Zhao argued that his husky did not bite Chen or bark at him. Chen's injury had nothing to do with Zhao.
After Chen a paper petition will Zhao a court.
Court decision
After hearing, the court held that:
According to Article 78 of the tort law of the people's Republic of China, if the animals raised cause damage to others, the animal keeper or manager shall bear the tort liability, so Zhao shall bear the liability for compensation.
However, in view of the fact that the pet dog does not have direct contact with Chen, its scaring is related to its own mental state and psychological quality.
Therefore, the court ruled that Zhao should be liable for 70% of Chen's loss, and for 48248 yuan of Chen's medical expenses, disability allowance and other expenses. Chen should be liable for 30% of the loss.
Netizens commentary
As soon as the verdict came out, the netizens quarreled. Some people think that level 10 disability has caused great damage to pedestrians, and it is not too much to award more than 40000 compensation to dog owners.
But it was also felt that how to define was the key. If the dog rope is tied and the pedestrians are frightened, what's the calculation? If the 'people' on the street frighten the others, what's the compensation?