Return Case ListInfringement Compensation

In a dog bite liability case in Fujian, the court ruled that the dog owner must compensate the victim for various losses totaling 8.6 ten thousand yuan.

Case Summary

On 2024/4/5, the plaintiff, Chen, was bitten on the right leg by a large dog owned by the defendant, Wang, while walking in a residential complex in Huli District, Xiamen City. The plaintiff was hospitalized for 15 days and incurred medical expenses of 2.6 ten thousand yuan. According to judicial appraisal, the plaintiff's injuries constitute a Grade 10 disability, with a work stoppage period of 60 days, a nutritional support period of 30 days, and a nursing care period of 15 days. At the time of the incident, the defendant failed to leash the dog or fit it with a muzzle. The plaintiff filed a lawsuit requesting the defendant to compensate for various losses, including medical fees, lost wages, nursing fees, transportation costs, hospital meal allowances, nutritional supplements, disability compensation, and mental distress damages, totaling 8.6 ten thousand yuan.

Key Dispute

1.Should defendant Wang, as the dog owner, bear tort liability?
2.Did the plaintiff act with intent or gross negligence?
3.Are the claimed damages reasonable?

Case Strategy

1.Secure core evidence such as fixed surveillance footage of the accident scene, medical records, hospital invoices, discharge summaries, judicial appraisal opinions, proof of lost wages, and nursing care invoices.
2.The plaintiff has presented evidence proving that the dog owned by defendant Wang bit them. Defendant Wang failed to leash the dog or fit it with a muzzle, thereby breaching their duty of care. In accordance with the Civil Code, the owner or custodian of an animal is liable for any damage caused by the animal to others.
3.Establish that the plaintiff was walking normally within the residential community, without intentional misconduct or gross negligence, and therefore cannot reduce Defendant Wang's liability.
4.Calculate the plaintiff's claimed losses: medical expenses 2.6 ten thousand yuan, lost wages 1.2 ten thousand yuan, nursing fees 0.3 ten thousand yuan, transportation costs 0.1 ten thousand yuan, hospital food allowance 0.15 ten thousand yuan, nutritional fees 0.3 ten thousand yuan, disability compensation 3.6 ten thousand yuan, and mental distress damages 0.6 ten thousand yuan. Total: 8.85 ten thousand yuan. The plaintiff's claim of 8.6 ten thousand yuan is reasonable.

Processing Result

The court ruled that Defendant Wang shall compensate Plaintiff Chen for all losses totaling 8.6 ten thousand yuan within ten days from the effective date of this judgment. Defendant Wang shall bear all litigation costs and judicial appraisal fees incurred in this case.

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