If someone falls and gets injured while walking a bike or dog, the person responsible will be held responsible. Walking a bike or dog increases the risk, and pedestrians who get injured will be held responsible for 80% of the injuries_News Channel_China.com
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2024-09-02 11:23:42 Weibo
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On May 21, 2021, Li was walking his three dogs with a leash while riding a bicycle. When Wu was driving an electric two-wheeled vehicle from south to north near a certain intersection, he met Li who was driving in the opposite direction. Later, Wu fell and was injured. He was hospitalized for 9 days in a hospital. After calculation, the total losses caused by the accident amounted to 15,816.59 yuan. After the accident, Li paid 6,300 yuan for Wu’s medical expenses. Later, Wu sued Li to the court, requesting the court to order him to pay another 17,006.59 yuan in compensation in addition to the 6,300 yuan paid by Li.
After trial, the Wenshang County People’s Court held that raising animals is inherently dangerous. This danger is not only reflected in the animal’s active attack, but also in the appearance or barking of the animal that makes people nervous and fearful. Although the animal was tied with a rope at the time of the incident, Li rode a bicycle with multiple dogs on a rural road. His behavior reduced the restraint on the dogs he raised and increased the danger. It cannot be ruled out that the animal barked or rushed at Wu. The animal was close to Wu. When Wu passed by on an electric bike, Li’s dog barked at him or made a rushing motion, causing Wu to feel fear and nervousness and fall and get injured. Therefore, Li, as the owner of the dog, should bear the main liability for compensation.
As for Wu, when the accident happened, the animals raised by Li were leashed, which posed limited threat to him. It cannot be ruled out that the fall and injury were related to his own overreaction, and he was negligent. Both the plaintiff and the defendant were at fault for the occurrence of this accident. Li was determined to bear 80% of the civil compensation liability for Wu’s losses, and Wu was responsible for the rest of the losses. Based on this, the court ruled that Li should compensate Wu for medical expenses, nutrition expenses, nursing expenses, transportation expenses, hospitalization food allowance, and disability assessment fees within 15 days after the judgment came into effect, totaling 6,353.27 yuan.
The presiding judge of this case said that disputes involving pet injuries caused by uncivilized and irregular pet-raising behaviors of pet owners are increasing day by day, and it is particularly important to strengthen animal breeding management and enhance awareness of civilized breeding. The judgment of this case is intended to remind citizens to properly take care of their pets, raise pets in accordance with the law and in a civilized manner, and jointly build a harmonious and civilized breeding environment.
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