Dogs bark in the deep alleys, and roosters crow on top of the mulberry trees - Tao Yuanming's "Returning to the Countryside".
In rural areas, dogs are very common; people keep dogs not only as pets, but also as dogs with the responsibility of looking after their homes and homes. These native dogs have been raised since childhood and generally do not have leashes. They also wander around and go to the house where the meal is served. Only at night will these native dogs go home.
Native dogs are very wary of strangers. They will bark at people even if they pass by. Some dogs that have eaten raw meat will also attack people. Incidents of native dogs attacking people in rural areas are also endless, but few people report it. "Court Trial Records" tells such a case.
Yuan Mouzhong and Grandpa Xiaotao are brothers in the village. They get along relatively harmoniously on weekdays and there are no conflicts.
In August 2015, Xiao Tao went to the vegetable garden with his grandma to pick vegetables. When he came back, Xiao Tao was clamoring to go to Yuan Zhong's house to see the newborn ducks. Children are always very curious and will keep thinking about them if they are not satisfied. Grandma reminded Xiao Tao to be careful about his dog.
Yuan Zhong’s dog is indeed a bit fierce. Even their relatives will bark a few times. The dog is usually tied up at home. However, when Xiao Tao ran to Yuan Zhong’s house, the dog was not on a leash. It rushed directly towards Xiao Tao and tore at him wildly. The 4-year-old Xiao Tao cried helplessly. Grandma quickly stepped forward and drove away the vicious guard dog with a stick.
When Yuan Mouzhong and his family saw their child being bitten, they took their child to the town for vaccination by bicycle, because they were all relatives, and Yuan Mouzhong’s family also acted very actively. When paying the medical expenses, Xiao Tao’s family did not ask them for the vaccine fee.
Xiao Tao received a rabies vaccine in the town, but the rabies vaccine is only for prevention. It takes a certain amount of time for the body to produce antibodies after the injection. During this process, it is still possible to be infected with the rabies virus. But Xiaotao's situation is more serious.
Not long after returning home, Xiao Tao started to behave strangely. His parents were shocked when they found that Xiao Tao was motionless. They quickly took their child to the hospital. The doctor diagnosed Xiao Tao with a ruptured cerebral blood vessel and required surgery.
The hospital in the town did not have this medical technology, so Xiao Tao was transferred to a hospital in the city for treatment. However, Xiao Tao's condition was more complicated and he had to be transferred again. Although the repair of the cerebral blood vessels was completed, his physical condition had been deteriorating in the past few days. In the past few days, Xiaotao's family has spent a lot of money on medical expenses.
Xiao Tao's parents went through the discharge procedures for Xiao Tao without seeing any hope. Without a ventilator to support his life, Xiao Tao also passed away.
Xiaotao’s parents were very sad when their child was gone. Yuan’s family also felt they were responsible and expressed their willingness to pay the medical expenses during this period. However, the medical expenses were as high as 130,000 yuan. When Yuan’s family heard this, they suddenly became unhappy.
The two parties negotiated the medical expenses of 130,000 yuan many times, but each time there was a huge dispute. Yuan Mouzhong’s family believed that although their dog bit Xiao Tao, Xiao Tao did not die from rabies. Xiao Tao’s death had another cause, and they did not need to bear this part of the treatment costs.
Xiao Tao’s family members feel that if Yuan’s dog had not bitten Xiao Tao, this incident would not have happened. The rupture of Xiao Tao’s cerebral blood vessels must have been caused by the dog. The two families who used to live in harmony are also at war with each other. Because of the constant negotiation, the relationship between the two parties is also deteriorating.
Xiao Tao's family finally had no choice but to file a lawsuit against Yuan's family in court, demanding that they compensate 350,000 yuan for medical expenses, death compensation and other losses.
According to Article 1,245 of the Tort Liability Section of the Civil Code: If a raised animal causes damage to another person, the animal breeder or manager shall bear tort liability; however, if it can be proven that the damage was caused intentionally or by gross negligence of the infringed party, the liability may be waived or reduced.
Article 1,247 stipulates: If dangerous animals such as violent dogs that are prohibited from being raised cause damage to others, the animal breeder or manager shall bear tort liability.
During the trial, both sides held different opinions. Yuan’s family members believed that Xiao Tao died of a congenital disease. Xiao Tao suffered from congenital cerebral blood vessels. This was the truth about Xiao Tao’s death.
According to the identification certificate issued by the hospital, Xiao Tao suffered from an aneurysm, but this disease is very common in people over 50 years old. It is indeed a bit strange that it appeared in Xiao Tao. The doctor gave some possible causes of this disease.
1. Injury (often caused by sharp or blunt trauma); 2. Infection; 3. Immune diseases; 4. Congenital structural abnormalities of the arterial wall, etc. It is impossible to determine whether Xiao Tao suffers from congenital diseases, but it is also impossible to determine whether the disease developed due to infection after being bitten by a dog.
According to Article 1165 of the Civil Code: If an actor causes damage due to wrongful infringement of the civil rights and interests of others, he shall bear tort liability.
If the actor is presumed to be at fault in accordance with legal provisions and cannot prove that he is not at fault, he shall bear tort liability.
The fact that Xiao Tao was bitten and vaccinated against rabies exists. Yuan's family needs to bear certain responsibilities. Xiao Tao is a person without civil capacity, and his guardians have the responsibility to take care of him. The guardian also made certain faults in this incident and should bear responsibility.
According to the principle of fairness, each of them should bear half, and Yuan's family was sentenced to compensate Xiaotao's family more than 160,000 yuan.