Dog bites and then passes out!I fought for two years for a takeaway…

2022-09-07 0 By

Shanghai rider Xiao Zhang never expected that a trip to deliver food not only disturbed 110 and 120, but also led to more than two years of legal action.On a summer day in 2019, Xiao Zhang, a delivery rider of a delivery platform, went to a residential area in Pudong, Shanghai, to deliver food to a customer named Ms. Zhao.But outside the other party’s villa, Xiao Zhang was bitten on the thigh by zhao’s dog, which was off leash.Originally, this was something that both sides could negotiate to solve privately, but the situation became worse and worse. The cause of the conflict was that Ms. Zhao refused to accompany Ms. Zhang to the hospital.The two sides argued, xiao Zhang had to call 110 police.After the police arrived for mediation, Ms. Zhao still insisted on paying Xiao Zhang 800 yuan, still unwilling to accompany Xiao Zhang to the hospital treatment.Under the urgency, originally suffering from hypertension Xiao Zhang gas two eyes a black, faint in the ground.Police immediately called 120 emergency number, Xiao Zhang was quickly sent to the hospital for treatment, fortunately, no serious injury.Since then, Zhang has gone to the hospital for 5 injections of rabies vaccine.(Network with pictures, text and text irrelevant.Both sides are saying different things??Xiao Zhang thinks that Ms. Zhao’s dog bites him, thus causing the cost of rescue, injection of rabies vaccine, transportation costs, lost work costs and other losses, these costs should be borne by Ms. Zhao.Ms. Zhao believes that although her own dog bit the rider, Xiao Zhang was bitten by a dog that jumped from outside the gate and did not defend himself, so he should bear some responsibility.Moreover, Xiao Zhang’s request for accompanying him to the hospital was unreasonable. On the same day, he had clearly indicated that he was willing to reimburse the cost of the injection, but because he was busy at that time, he refused Xiao Zhang’s request.In addition, the rider fainted on the ground is caused by their own factors, the resulting medical expenses have nothing to do with themselves.Eventually, Zhang sued Ms. Zhao to court.The Shanghai Pudong Court held that in this case, the plaintiff was bitten by the dog raised by the defendant while delivering goods, and there was no evidence of intentional or gross negligence on the part of the plaintiff, so the defendant should bear all compensation liabilities.Since injecting rabies vaccine to people bitten by dogs is a common sense treatment measure, we support the plaintiff’s claim of 1520 yuan for this part of the medical expenses.Zhao’s actions triggered Zhang’s pre-existing illness, and there was a link between his visit to the hospital and the dog bite.Considering that the rescue medical expenses are not used to treat the disease directly caused by the dog bite after all, we have decided to compensate Ms. Zhao for half of the above medical expenses.The traffic cost that advocates to plaintiff, delay work cost, the court also give adjust to the amount in the discretion.This kind of dog bite event occurs from time to time there are riders rights protection no door was “leave” when the meal was bitten by the customer’s dog, Xi ‘an takeout member Feng has also encountered, however, Feng is not like the lucky rider Zhang, he not only did not get the customer compensation, but also removed from the company labor relations.In October 2020, Feng was bitten by a dog suddenly running out of his takeaway food when he was delivering it to a customer. However, due to urgent tasks on the platform at that time and the company’s regulations that riders cannot have disputes with users in private, he failed to speak to the customer in time.Afterwards, the company that Feng mou is in prevaricate ceaselessly, let Feng mou solve by oneself.Feng tried to communicate with the dog owner about compensation, but the other party denied that their dog had bitten Feng and refused to talk about compensation. After reporting to the police, it was difficult for the police to mediate. Finally, Feng only had the path of judicial prosecution.At the same time, please due to injury miss work leave Feng has been handled by the company according to absenteeism, and the person in charge of the injured Feng continue to run, otherwise automatic resignation.Unable to reach an agreement with the dog’s owner on compensation, the police and industrial injury identification failed, and he was unable to pay the prosecution fees, but Feng decided to expose his experience to the media.Eventually, Feng mou removes labor relation with the company in which he is located, obtain compensate 8300 yuan.Be bitten by dog how should compensate these legal basis to want to understand??Article 1245 Where a bred animal causes damage to another person, the breeder or manager of the animal shall bear tort liability;However, if it can be proved that the damage was caused intentionally or by the gross negligence of the infringed party, the infringed party may not bear or mitigate the liability.Article 12246 Where a breeder or manager of an animal, in violation of the provisions on control, fails to take safety measures for the animal and causes damage to another person, he shall bear tort liability;However, if it can be proved that the damage was intentionally caused by the infringed, the liability may be reduced.03 Article 1247 Where dangerous animals such as fierce dogs prohibited from keeping cause damage to others, the breeder or manager of the animals shall be liable for tort.The judge reminded the people you love dandle: for your pet dog, please take actions for dog rope wear the masks and so on safety precaution one thousand breeding pets cause bodily injury to others should also be the first time accompanied by seeing a doctor so as not to cause more serious consequences – END – source: Shanghai news broadcast, surging, xiaoxiang morning herald each of your praise and watching, I like it all!