Takeout little brother to deliver food, was bitten by the dog and dog owner angry faint…


Xiao Zhang, a delivery rider on a food delivery platform, delivered food to customers early in the morning on August 14, 2019 as usual.Around 9 o ‘clock, when he went to a residential area to deliver vegetables to a client, Ms. Zhao, he was bitten on the thigh by an unleashed dog outside the door of her villa, which Ms. Zhao kept.Zhang wanted Ms. Zhao to accompany her to the hospital for treatment, but Ms. Zhao made it clear that she did not want to.Helpless Xiao Zhang can only call 110 police.Police quickly arrived, however, Ms. Zhao insisted that only agreed to pay Xiao Zhang 800 yuan, still refused to accompany medical treatment.In desperation, Xiao Zhang was so angry that she fainted on the ground.After the police called the 120 emergency number, Zhang was quickly sent to the hospital for treatment, but fortunately he was fine.Since then, he has been to the hospital for 5 injections of rabies vaccine, and zhao sued the court.Xiao Zhang thinks, the dog that zhao home bites oneself, caused to oneself thereby rescue cost, inject rabies vaccine cost, transportation cost, miss work cost and so on loss, these should be borne by Ms. Zhao.Ms. Zhao said, their dog bite the plaintiff, this is a fact.On the day of the incident, he made it clear that he would reimburse Xiao Zhang for the cost of the injection, but he did not accompany him to the hospital because he was busy with his work.Xiao Zhang’s failure to defend himself when he was bitten by a dog should be held responsible.At the same time, he did not quarrel with Xiao Zhang, Xiao Zhang fell to the ground is caused by his original disease, emotional loss of control and hot weather, the resulting rescue costs have nothing to do with him.In addition, the calculation method of expenses such as vaccination fees, transportation fees, and lost work fees that Zhang claimed is not reasonable.The People’s Court of Shanghai Pudong New Area held that citizens’ right to health is protected by law.Where the animals kept in breeding cause personal injury to another person, the animal keeper or manager shall be liable for compensation, provided that if it can be proved that the injury was caused intentionally or by gross negligence of the infringed, the animal keeper or manager may not bear the liability or reduce the liability.In this case, the plaintiff was bitten by the dog raised by the defendant when delivering goods, and there is no evidence to prove that the plaintiff has intentional or gross negligence in this regard. Therefore, the defendant shall bear all the liability for compensation. Therefore, the defendant supports the medical expenses of 1520 YUAN claimed by the plaintiff.For the plaintiff in the negotiation to solve the compensation problem in the process of emotional, lying on the ground, taking quick effect Jiuxin pills, after the ambulance sent to the hospital for rescue, for this expenditure including ambulance fare medical expenses of more than 2100 yuan, the court believes that the occurrence of the medical expenses and xiao Zhang original hypertension and other diseases there is a significant correlation.The court noted, however, that Zhang had a certain psychological fear after being bitten by the dog and was emotionally agitated because Ms Zhao refused Zhang’s reasonable request to accompany him to the hospital.And after the fact proved that 800 yuan compensation is only about half of the cost of rabies vaccine injection, simply not enough to make up for Xiao Zhang’s reasonable loss.Therefore, it can be believed that Ms. Zhao’s behavior triggered Zhang’s original disease, and there is a certain correlation between Zhang’s visit to the hospital and the dog bite.After all, the rescue medical expenses are not used to treat the disease caused directly by the dog bite, so the court decided to compensate Ms. Zhao for half of the medical expenses.The traffic cost that advocates to plaintiff, delay work cost, the court also give adjust to the amount in the discretion.Judge that take effect on January 1, 2021 of the civil code was given after the tort liability act of breeding animals cause person damage liability rules, namely, unless they can prove the patentee has the intentional misconduct or gross negligence, or breeding animals cause bodily injury, animal feed or management persons shall be liable for compensation.Therefore, if you have a pet dog at home, it is necessary to take safety precautions such as leash and wear anti-bite masks. In case of personal injury caused by pets, they should also be accompanied to medical treatment at the first time to avoid more serious consequences.Source: Shanghai Pudong Court, CCTV today

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