Who should compensate for this kind of disaster? Recently, the People's Court of Yongjia County, Wenzhou City, Zhejiang Province heard a non motor vehicle traffic accident liability dispute caused by a mule kicking down a two wheel electric vehicle, and decided that the mule owner Lu would compensate the injured Dong for the economic loss of 8382 yuan. The court found out that on March 10, 2022, when Lu drove an electric tricycle with a mule through Qingfeng Road, Oubei Street, Yongjia County, the mule suddenly kicked Dong who was riding a two wheel electric vehicle from behind, causing him to fall down. After the injury, Dong went to many hospitals for treatment and was diagnosed as soft tissue injury of the left shoulder joint. According to the traffic police department, Lu is fully responsible for the accident, while Dong is not. The accident caused Dong to fall down, and the medical expenses alone cost nearly 2000 yuan. Dong went to Lu to claim compensation for the loss, but Lu refused to bear the liability for compensation because he thought it was Dong who chased his mule. In desperation, Dong appealed to the court and demanded Lu to compensate for various losses such as medical expenses, nutrition expenses, lost time expenses, nursing expenses and transportation expenses totaling 15300 yuan. The Yongjia Court held that Lu took a mule with him when driving a non motor vehicle, and the mule kicked down the electric vehicle that Dong was driving, causing Dong to fall down. As an animal keeper, Lu, who did not take safety measures against the animals, should bear the tort liability. Yongjia Public Security Traffic Brigade determined that the plaintiff Dong was not responsible for the accident, and the defendant Lu was fully responsible for the accident. The court accepted it without error. Accordingly, the court made the above judgment. The judge said after the court session that the principle of no fault liability fixation is generally applicable to the liability caused by breeding animals. According to the Civil Code, if the animals raised cause damage to others, the animal keepers or managers shall bear the liability for infringement. The judge reminded that as a breeder or manager of animals, as long as the animals raised cause damage to others, it can constitute the liability for damage to the animals raised. It is not necessary to take the bite or scratch of the animals raised as a prerequisite for bearing the liability. Except for the reasons for defense stipulated by the law, it cannot be exempted by proving that it is not wrong. Therefore, breeders and managers should shoulder the responsibility of animal control and management, and protect their own and others' legitimate rights and interests from infringement. (Liu Xinshe)
Edit：Lijialang Responsible editor：MuMu
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