The pet warms people's hearts and brings joy and happiness. Now in this society, a lot of people have a pet dog or a cat. But while people are alone and comforted from raising pets, they are responsible for their own pet behaviour. In 2019 there was a case of an old man who had died as a result of serious injuries and a claim of 440,000 by his family when a pet dog walked.
On 27 November 2019, at around 8 p.m., the sky was thinned with stars. In a small plaza in the lake area of Xiamen City, the lights are bright and people are walking around in a casual manner. A 90-year-old man, Ganda, walks slowly on the side of the road and enjoys the quiet of the night. Suddenly, the wind blew fast, and Kan felt a gravitational force coming and fell directly to the ground.
It was a dog that hit him. It's exciting to have a dog in the house for a day and finally be able to go out with his master for a breath of fresh air. Nine-year-old Rin-yung couldn't hold the unbridled dog. Soon, it was just a dog that ran around in the square and hit the old man.
He was in pain when he fell on the ground and cried for help, and Lin was scared, and told his parents that he had seen something terrible, and immediately called the emergency telephone and took him to the hospital. One parent, Lin, who is waiting for the results at the hospital, calls a family member and informs him of the matter.
One member of the family learned that the elderly had been run over by a dog and had been taken to hospital for first aid in a hurry. The families of the elderly were simply anxious to wander in the waiting area of the hospital and wait for news of the elderly, but no one thought that the impact had had such serious consequences. The doctors told them that the old man had a fracture between his left femur and his left wrist.
It was thought that this was already a very serious consequence, and that the elderly families wanted to keep the elderly in the hospital and buy something good to repair them. Lin's parents also sincerely apologized and shared part of the cost of medicine. But the bad news came.
This serious injury resulted in a series of complications due to the deterioration of the body function at an older age. Long stay in the hospital has not improved at all. In the course of treatment, the elderly are in serious condition. In every case, the family of the elderly was frightened by the issuance of a " notification of distress " by the hospital. At the end of the day, the condition of the elderly has deteriorated dramatically, and every time a family member who is cared for in front of the bed sees the elderly coughing and coughing out a large block of blood, sometimes the elderly are unable to breathe and are suffocated in pain.
In view of the fact that the elderly are becoming more ill and irreversibly ill, they lose their breath almost immediately and their families seek the consent of the hospital to discharge them. On 23 December, 26 days after being hit and wounded, Kanya was discharged from hospital and died the same day. The three sons were angry and demanded compensation of $440,000 from Lin, and the families did not agree on the amount of compensation. In the end, the three sons brought a family member to court.
Who should bear the responsibility for an old man who was hit by a dog and died the day he was discharged from hospital? Should the family pay death compensation?
According to the Lin family, there are no dogs that hit dead people. The collision of their dogs was not very severe, because the old man, who was old, was suffering from various high-risk diseases such as coronary heart disease, was too weak to be seriously injured and eventually died. At the same time, the elderly die on the day of discharge, and it is the families of the elderly who are responsible for the discharge. They consider that their family would only have to pay medical and nutritional costs for a fracture and would not be responsible for the death of the elderly.
So, is it true what Lin said? We see what the claim of responsibility for damage from animal breeding is. Article 78 of the Law of the People ' s Republic of China on Tort Liability provides that in the event of damage caused to others by animals raised by animals, the animal breeder or manager shall be liable for the violation, provided that it can be proved that the damage was caused by wilful or gross negligence on the part of the person to whom the abuse was committed, and that the liability may be waived or mitigated.
So, is there any major mistake on the part of the old man?
First, in the case of a dog hitting a person, the elderly man, although 90 years old, had a clear understanding of his body and was sure that walking on the road would not cause harm to his body. Moreover, the elderly themselves walk on the road, do not act dangerously towards themselves, such as running, and are seriously injured because they are hit by a dog and do not have any other faults.
Second, when a dog crashes, it results in a fracture, and after being taken to hospital, the elderly are actively cooperating in treatment, and there is no refusal of treatment, etc., and the complications arising from the fracture are not the wishes of the elderly themselves. It is also unexpected that, following treatment, the elderly themselves are not at fault when they suffer from respiratory difficulties, coughing blood, etc.
Following the treatment, the condition of Gan Yai has increased and there has been no significant improvement, and the family has been discharged from hospital after seeking the consent of the hospital for reasons of custom in the region.
Although the physical condition of the elderly has a somewhat wider impact on the consequences of serious injuries, there is no legal fault in the individual ' s physical condition. When Rin was walking with a dog, the dog in hand ran over Gan Yi, which directly led to the hospitalization of a broken bone and had a legal causal link to his death, so that Rin was responsible for the abuse.
But Lin was only 9 years old and was a minor. Under the terms of our General Civil Code, which deals with civil capacity and civil capacity, minors under the age of eight are persons who are incapable of civil action and are represented by their legal representative to carry out a civil legal act. The guardian of a person who is incapable of civil acts and who restricts civil capacity is his legal representative. If he is under the age of eight, he does not have full civil capacity and is not in a position to assume liability and is therefore his guardian.
The final result of the trial was that Lin's parents compensated the three sons of the elderly for a total of $390,000.
See, be safe when walking dogs. The owner has the responsibility to manage the pets and is required to ensure their safety and avoid harm.