Yesterday, a piece of news about "a man walking his dog without a leash, and riding the mother of the guardian and beating him" attracted public attention. The reporter learned from the Fangshan court today that the court had also tried a similar case. In the case, the grandfather accidentally kicked the dog to death in order to protect his granddaughter. As a result, the old man was pushed to the ground by the dog owner, causing a comminuted fracture of the left distal radius. Although the dog owner paid the old man 500,000 yuan, he was still sentenced by the court on the crime of intentional injury .
At 12 o'clock on December 2, 2016, Uncle Liu played with his granddaughter in a community in Gongchen Street, Fangshan District, Beijing. During the period, a dog chased his granddaughter. Uncle Liu kicked the dog away to protect the child from being chased by the dog, and the dog died. After the owner of the
dog, the defendant Yu, arrived at the scene, he had an argument with Uncle Liu. Later, Yu pushed Uncle Liu and caused him to fall to the ground, resulting in a comminuted fracture of the distal left radius of Uncle Liu.
was appraised by the Beijing Fangshan Public Security Judicial Appraisal Center, and the degree of physical injury to Uncle Liu was a minor injury. The case was later prosecuted to the court.
During the court trial, after the judge's efforts, Uncle Liu reached a settlement with the defendant Yu. The defendant Yu voluntarily paid 500,000 yuan to Liu as compensation. Uncle Liu understood the defendant Yu. In the end, the court sentenced the defendant Yu to the crime of intentional injury and sentenced him to six months’ imprisonment and one year’s probation. The
reporter learned from the Fangshan Court that dog infringement cases are not limited to the above-mentioned cases. Civil disputes caused by "dog biting people" and "dog biting dogs" are more common.
Case 1:
brought a large dog out of the house and was frightened and injured. The owner was convicted of being responsible for the
plaintiff, Zhan, who went out for business. On the narrow road in the community, he met the defendant Zhang who was walking the dog with an Alaskan dog. The Alaskan dog wore his head. While holding Zhan’s abdomen, the dog’s foot stepped on Zhan’s shoes. Zhan retreated out of fear and tried to push the dog away. Zhan fell backward and was injured in the process. He was diagnosed with a fracture of the left femur and tibia. After
, the two parties failed to reach an agreement on compensation after mediation by the police station. Zhan sued the court and demanded a judgment that Zhang should be liable for compensation in accordance with the law.
The court held that the defendant Zhang raised an Alaskan malamute, which is a type of large dog. Article 17 (4) of the " Beijing Dog Management Regulations " stipulates that "severe dogs and large dogs shall be implemented Leash or captive, do not walk the dog in the household."
However, Zhang failed to fulfill his strict breeding obligations and violated relevant laws and regulations, which resulted in Zhan being frightened and falling and injured. Zhang should be liable for compensation for the reasonable losses incurred by Zhan. The defendant Zhang was then sentenced to compensate the plaintiff Zhan for medical expenses, nursing expenses, lost work expenses, transportation expenses, hospital food assistance expenses, rehabilitation aids, and mental damage comfort funds totaling more than 90,000 yuan.
Case 2: The big dog of
bit a puppy. The owner of the big dog paid 2,000 yuan. The plaintiff Jia Mou was walking his poodle on the road in the village, and he encountered the defendant Lu Mou riding three big dogs on a bicycle. Lu Mou’s big dog suddenly He stepped forward to bite the poodle of the plaintiff's house. After the plaintiff and the defendant jointly stopped, Jia found that his poodle's belly was torn, and he was sent to the pet hospital for treatment and treatment costs. During
Lu went to Jia's house to visit the bitten poodle and gave Jia 300 yuan in advance. Later, there was a dispute between the two parties on the issue of compensation, and the plaintiff Jia brought a lawsuit to the court with a "dispute over the liability for damage to feeding animals" and demanded the defendant Lu to pay more than 4,500 yuan. During the trial of this case, the court changed the cause of the case to a “property damage compensation dispute”. The defendant Lu believed that the treatment fee for the poodle claimed by the plaintiff had exceeded the value of the animal itself, and when the compensation was negotiated privately due to double hair After an unhappy break, refused to pay Jia's corresponding expenses.
finally reached an agreement on compensation under the mediation of the court. On the basis of the 300 yuan paid, the defendant Lu paid 1,700 yuan to the plaintiff Lu as compensation for property damage to Jia.
reporter Zhang Yu
Source: Beijing Evening News
Editor: TF003
