The fact is that recently, the Intermediate People's Court of Xiangyang City, Hubei Province published such a civil judgment. Relevant media explored the reason behind it: the elderly with heart disease were scared to death by the barking of dogs when they went out, which led to this judgment.
Liu Dajin and his wife Zhang Dacui sublet the contracted 4.8 mu of farmland to Wang Qihua for farming because of their old age and infirmity. Until the morning of 2065438+September 24th, 2009, Wang Qihua asked Liu Dajin to look at the rice in the yard in front of the neighbor's house next door, and prepared to pay the rent (the rent is 200 kilograms of rice per mu).
In this way, Liu Dajin and his wife went to the meeting to see the meal. At the end of the field, because there was an uphill slope, they stopped the tricycle and went downhill. Liu Dajun went uphill first and entered the yard. His wife heard a dog barking behind him. Later, when Liu Dajin's wife heard the news and walked into the yard, she found that he had fallen to the ground and died after being rescued.
This is probably the essence of the problem, so Liu Dajin's family thought that Liu Dajin's death had a lot to do with Wang Qihua's dog and asked him for compensation, but Wang Qihua was definitely unwilling, so the dispute arose.
Before the trial, the court also learned through investigation in Xuancheng that Liu Dajun had a serious heart disease before his death and was discharged from the hospital half a month before the incident. At the same time, the court explained that because Wang Qihua asked the factory to look at the rice without telling them that there were dogs in the yard, there was a certain fault, which led to Liu Dajin being frightened. Therefore, Wang Qihua was sentenced to bear the corresponding tort liability of 10% compensation.
In my opinion, first of all, the dog is tied with a rope; Secondly, there is no evidence to prove that it is related to dog barking; This incident is the same as the Xin incident. There is no evidence to prove that the old man's fall is related to XXX, but according to his behavior of helping the old man, it is speculated that it may be related to the old man's fall, so XXX is considered responsible? Since then, people in China are afraid to help the elderly.
There is no direct causal relationship between barking and the death of the elderly; I should have had a heart attack. Walking uphill has nothing to do with barking dogs. If it can be proved that barking was caused by a dog, the plaintiff can find a dog and bark at the defendant. If he can beat the defendant to death, he will lose money.
The key is how to prove that the dog barked. First sound? Or the second sound? What if the dog barks first? Does heart disease have to be induced? Or other reasons? How to prove it?
These details are very important questions!