In recent years, there have been frequent incidents of poisonous spiders, poisonous snakes, crocodiles and other exotic pets hurting people. The hidden safety hazards behind raising exotic pets are far more serious than we think. Wild animals are wild and difficult to tame. If they are kept as pets, they can easily cause personal and property damage to themselves and others due to poor supervision.
recently,The People’s Court of Haidian District, Beijing announced a civil first-instance judgment in a dispute over the rights to life, health and body. The details of the case are that in June 2018, in Weinan, Shaanxi, a girl named “Yimou” on a second-hand idle trading platform contacted Shao Mou through the platform and purchased Silver Ring Snake twice.
In July, Yimou was bitten by a silver ring snake. Her mother Qimou sent her to the hospital for treatment. After evaluation, she was brain dead. Yimou was taken back and died at home. According to a certain parent, he sued the second-hand idle trading platform, the sellers of Yinhuan Snake, Shao, Yang, and Wang, as well as two related express companies, and demanded compensation of more than 1.5 million yuan.
The court held that, according to the judgment standard of “if there is none, no”, if the krait was not delivered to Yimou, it would not have suffered the damage caused by the bite of the krait. There is a factual causal relationship between the six defendants and Yimou’s damage consequences.
For such cases, the most common defense of the platform is that I am just an intermediary, and the transaction is reached by the buyer and the seller; the most common defense of the seller is that I did not force a forced sale, and I did my duty to remind; express delivery The most common defense for businesses is that I’m only responsible for shipping, and I can’t tell from the outside whether the item being shipped is illegal.
However, none of the related parties were innocent in the whole incident, as the court invoked the “if there is nothing” criterion.
In the two sets of transactions, the express delivery company received the package containing the silver ring snake, transported it, and delivered it to Yang Moumou. It is precisely because the express delivery companies only fail to review or at least fail to verify effectively that the illegal transaction Yinhuan Snake has formed a complete closed loop. According to the “Postal Law”, “Interim Regulations on Express Delivery”, “Regulations on the Administration of Prohibited Delivery Items” and other relevant regulations, the establishment and implementation of the receipt inspection system by express delivery companies is not only to deal with the known and unknown unreasonable dangers in the express delivery process, but also to other problems. statutory obligations.
Based on the facts and the law, the court found that the six defendants were at fault in the two groups of transactions, including the illegal acts of Yinhuan Snake’s online transaction services, sales, postal delivery, transportation, and delivery, which were attributable and should bear tort liability.