Let's see what it's like for a girl to die after a month as a pet.
Recently, the Haidian District People's Court of Beijing announced a civil first-instance judgment on a dispute over the right to life, health and body.
The details of the case are as follows: 2065438+In June 2008, a girl named "Yimou" contacted Shao through the platform and bought a silver ring snake twice.
In July, Yimou was bitten by a silver ring snake, and her mother sent her to the hospital for treatment. After being assessed as brain death, Yimou was taken home and died.
Sue the transshipment platform, silver ring snake sellers Shao, Yang and Wang, and two express delivery companies, Shentong and Baishi, and compensate 1.5 million yuan.
The court held that according to the judgment standard of "nothing is nothing", if the bungee snake is not delivered to Yimou, it will not suffer the damage caused by the bungee snake bite. There is a factual causal relationship between the defendant and some damage consequence.
In the end, the referee's result is:
The six defendants paid compensation of about 336,900 yuan.
Among them, the three sellers of the silver ring snake compensated about 252,700 yuan.
The transfer company compensated about 33,700 yuan.
The two courier companies compensated about 50,500 yuan.
Early report
On July 9, 20 18, a girl of 2 1 year old was bitten by an online shopping bungarus multicinctus. She was rescued by the hospital, but she couldn't breathe on her own.
In July 1 1, the girl was transferred to the provincial people's hospital. After a day's treatment, experts declared her brain dead after various evaluations.
On July 17, the girl developed high fever, rapid and slow heart rhythm and other symptoms at 5 am, and then died unfortunately.
2 1 year-old girl Xiao Fang (a pseudonym) was bitten by a bungee snake and fell into a coma for several days. She died at 5 am on July 5 18.
After dealing with her daughter's funeral, Xiao Fang's mother has been reflecting. On July 2 1, Xiao Fang's mother said that her daughter should bear the consequences of her actions, but online shopping platforms, sellers and logistics also have responsibilities. She will defend her rights through judicial means and hopes that relevant departments will strengthen supervision.
The girl once wanted to open a pet shop.
On July 2 1 day, in a private house in Huazhou District, Weinan City, the door was locked and white couplets were affixed. The high temperature continued that day. Because of the power failure at home, Xiao Fang's parents had to take their little daughter to relatives and friends for the summer vacation.
Speaking of her daughter's misfortune, her mother said that Xiao Fang was the eldest daughter. In recent years, she is keen on keeping pets such as puppies, birds and rabbits. She bought a pet from the local pet store and took it home. This year, she began to buy pets online.
Xiao Fang once wanted to open a pet shop, but her parents refused because her daughter was inexperienced. Xiaofang also set up a stall to sell pets for a week.
"We don't know when the silver ring snake was bought. At 6: 53 pm on July 9, I received a phone call from the baby on the first floor of my house, saying that she was bitten by a snake. " Xiao Fang's mother said that she hurried to her daughter's room on the second floor, asked about the situation briefly and rushed to the hospital.
Later, I learned from my daughter's mobile phone that I bought Bungarus multicinctus, and searched for Bungarus multicinctus serum overnight. The situation did not improve after the injection.
Worried that the snake threatened the safety of others, the husband searched at home all night and couldn't find it. At 5 o'clock in the morning on June 17, Xiao Fang developed high fever, rapid and slow heart rhythm and other symptoms, and then died unfortunately.
According to the news released by Huazhou Forestry Bureau, on the morning of July 10, the District Forest Police Station and the Chengguan Police Station of the District Public Security Bureau formed a search team to conduct a detailed search around the residential area of the injured, and found dead bungee snakes in the garbage of the vegetable market at around 9 pm on July 10.
On July 1 1, bungee jumping snakes were found to be purchased from Qingxin District, Qingyuan City, Guangdong Province, and the matter was reported to the local forest public security department for investigation.
Parents believe that platforms, sellers and logistics are all responsible.
After the incident, relatives and friends checked Xiaofang's mobile phone and found that the silver ring snake was purchased from Wang Xingyi through a mobile App, and the other party did not have real-name authentication on the platform.
Xiao Fang's mother said, "I also read the chat records between my daughter and the seller. The other party said that bungarus multicinctus is poisonous and very toxic. Wear gloves when touching. "
"In July 10, my niece also used the shopping platform chat tool on her daughter's mobile phone to chat with the seller. The other party also said,' I don't want a silver ring snake.' "She said that later, relatives and friends chatted with each other in the name of the buyer. The other party said that there are silver ring snakes, which can be delivered by express delivery.
After adding the other party's WeChat, the other party also sent a circle of friends to say, "A girl who bought my bungee snake lied to go home to soak in wine and play with it as a pet. As a result, she was bitten, and now her life is dying. I hope that friends who have no experience in raising poisonous snakes don't ask me for poisonous snakes ... "
Xiao Fang's mother believed that her daughter was bitten and poisoned when she bought a silver ring snake, and she should bear the responsibility. However, online shopping platforms, sellers and Best Express also have responsibilities. "If the platform supervision is not in place, there will be situations where the other party can sell and my daughter can buy. This will not happen if this poisonous silver ring snake is not allowed to be sold on the platform. " She said that sellers should not sell bungarus multicinctus knowing that it is a highly toxic animal.
She also said that if the courier company could check as required and stop sending according to regulations, the silver ring snake would not reach her daughter. She believes that relevant departments should strengthen the management of toxic animals and other items, prohibit the sale and delivery, and avoid similar tragedies from happening again.
It is understood that Bungarus multicinctus is the fourth largest poisonous snake on land. Its poisonous glands are very small, but its toxicity is extremely fierce. It is the most toxic one in the genus Bungarus. After being bitten, the feeling is not obvious at first, and the pain is less. If you are not treated in time after a few hours, you will often die of respiratory paralysis.
Transfer from: Huashang Daily
Source: Anhui Radio and Television Station
The girl died after a month of online shopping for poisonous snakes as pets.
The woman's online shopping poisonous snake was killed unfortunately, and the court pronounced a sentence.
A woman from the second-hand trading platform twice.
Buy poisonous bungee snakes.
Died unfortunately after being bitten.
The family immediately put the platform, courier company
Vendors of poisonous snakes, etc Go to court.
Claim compensation
▼
According to the referee document network, on June 20, 20 18, Yang Mouqi contacted Shao through the transfer platform and asked Shao if he sold the silver ring snake. After communicating with Yang Mouqi, Shao posted the sales information of commodities on the platform with the title of Bungarus multicinctus not detoxified and equipped with pictures of Bungarus multicinctus. Yang Moqi took it and paid 1 10 yuan for it.
Shao contacted Yang after receiving the order, asking Yang to mail the silver ring snake to Yang's address and pay Yang 70 yuan. The above order was delivered by Shentong Company to Yang Moqi, Shaanxi Province by express delivery, and Yang Moqi received bungee jumping snake (hereinafter referred to as the first bungee jumping snake) on June 24, 2008.
On July 8, 20 1 year, Yang Mouqi contacted Shao again to buy a silver ring snake through the transfer platform, and Shao posted the information on the sale of the product on the transfer platform, with the title "Silver ring snake becomes a big shot, described as super poison, with pictures of silver ring snakes".
Yang Moqi photographed and paid 1 15 yuan. Shao contacted Yang again for delivery and paid 80 yuan. After receiving Shao's money, Yang contacted Wang Moxing through WeChat. Wang Mouxing sent the silver ring snake by express according to the address of Yang Mouqi provided by Yang, and collected 60 yuan from Yang Mouqi. The above express delivery was received by Huang, an outsider, and transported by Baishi Company through express delivery. 2065438+On July 6th, 2008, Yang Mouqi received the Silver Ring Snake (hereinafter referred to as the Second Silver Ring Snake).
On July 9, 20 18, Yang Mouqi was bitten by a silver ring snake on his left index finger, and went out to buy band-aid medicine after being bitten. At 6 o'clock in the afternoon, Yang Mouqi telephoned his mother Qi Mouqin that she was bitten by a snake in the park at 5 o'clock, but did not tell the type of snake. Qi Mou Qin Sui sent Yang Mou Qi to the People's Hospital of Huazhou District, Weinan City (hereinafter referred to as Weinan Hospital) for rescue. When he went to see a doctor, he couldn't explain the kinds of snakes.
Due to the unclear condition, Weinan Hospital first carried out relevant inspections. Yang Mouqi vomited during the treatment. At 2 1: 37 on the same day, Yang Mouqi developed symptoms, and Weinan Hospital gave him cardiopulmonary resuscitation, and he was hospitalized at 22: 47 on the same day. After hospitalization, Weinan Hospital gave Yang Mouqi intensive care, ventilator-assisted breathing, monitoring, brain resuscitation, fluid infusion, anti-infection, monitoring, blood sugar control, expectoration and sputum aspiration, and injected anti-Agkistrodon halys venom on July 18.
Qi Mouqin learned from Yang Mouqi's mobile phone records that Yang Mouqi had bought a silver ring snake in the early morning of July 18. Unable to buy anti-bungarus multicinctus serum in Shaanxi Province, Qi Mouqin contacted other provinces and cities to buy it. After obtaining it, Weinan Hospital made two injections respectively. After Yang Mouqi's brain function did not improve significantly, his family asked to be transferred to a higher hospital for further diagnosis and treatment.
Silver ring snake bought by Yang Mouqi.
On July 1 1, 2065438, Yang Mouqi was transferred to Shaanxi Provincial People's Hospital for 2 days, and was diagnosed as poisonous snake bite, multiple organ failure (respiratory and central), ischemic and hypoxic encephalopathy, electrolyte metabolism disorder, hypokalemia, subarachnoid hemorrhage, acute liver injury, hypoproteinemia, acid-base balance disorder and metabolic acidosis complicated with respiratory alkali. Yang Mouqi was discharged from the hospital on July 3, 20 18 and was taken home. She died at home on July 5, 20 18.
Subsequently, Yang Mouqi's parents brought Shao Mou, Mou Yang, Wang Mouxing, Beijing Zhuanzhuanling Technology Co., Ltd. (hereinafter referred to as Zhuanzhuanling Company), Hangzhou Baishi Network Technology Co., Ltd. (hereinafter referred to as Baishi Company) and Shentong Express Co., Ltd. (hereinafter referred to as Shentong Company) to court. Request the six defendants to jointly compensate the medical expenses of 5793 1 yuan, the nursing expenses of 2800 yuan, the transportation expenses of 1 ,000 yuan, the accommodation expenses of 1, 960 yuan, the hospital food subsidy of 350 yuan, the funeral expenses of 50802 yuan, the necessary expenses for relatives to handle the funeral 1 ,000 yuan, and the death compensation request. The legal fees shall be borne by the six defendants. During the litigation, Qin requested to change the death compensation to 15 12040 yuan and the funeral expenses to 64,272 yuan.
The verdict shows that Bungarus multicinctus is a highly toxic snake, which is distributed in Anhui, Zhejiang, Guangdong, Guangxi and other places in China. Bungarus multicinctus is listed in the List of Terrestrial Wild Animals Protected by the State, which is beneficial or has important economic and scientific research value, and belongs to the third-class protected wild animals and non-national key protected wild animals.
After hearing the case, the Haidian District People's Court of Beijing held that according to the judgment standard of "nothing is nothing", if the bungarus multicinctus was not delivered to Yang Mouqi, it would not suffer the damage caused by the bungarus multicinctus bite. There is a factual causal relationship between the two groups of behaviors carried out by the six defendants and the damage consequences of Yang Mouqi. Because the behaviors of the six defendants in the three links of the silver ring snake transaction all conform to the characteristics of "indirect combination of behaviors leads to the same damage", the actors in each link should bear the corresponding liability for compensation according to the size of the fault or the proportion of reasons.
court decision
Finally, Beijing Haidian District People's Court ruled that
Shao,, Wang
Joint compensation within 7 days after the judgment takes effect.
Yang Moqi's parents' medical expenses are 6623.4 yuan.
Hospitalization food allowance 30 yuan, nursing fee 420 yuan,
The funeral expenses are 8,466.45 yuan and 9,000 yuan in mental damage compensation.
Death compensation is 226,806 yuan,
Transportation and accommodation expenses arising from investigation and evidence collection 1390.34 yuan.
* * * RMB 252,736,438+09;
Beijing zhuanzhuan spirit technology co., ltd
Within 7 days after the judgment takes effect.
Compensation for Yang Mouqi's parents
Medical expenses: 883. 12 yuan, hospital food allowance: 4 yuan,
Nursing expenses 56 yuan, funeral expenses 1 128.86 yuan,
Mental damage compensation 1200 yuan, the death compensation is 30,240.8 yuan,
Transportation and accommodation expenses arising from investigation and evidence collection 185.38 yuan.
* * * 33698. 16 yuan;
Hangzhou Baishi network technology co., ltd
Pay compensation within 7 days after the judgment takes effect.
Yang Moqi's parents
The medical expenses are 662.34 yuan, and the hospitalization food allowance is 3 yuan.
Nursing expenses 42 yuan, funeral expenses 846.65 yuan,
900 yuan, mental damage compensation, the death compensation is 22,680.6 yuan.
Transportation and accommodation expenses incurred in investigation and evidence collection 139.03 yuan.
* * * 25,273.62 yuan.
shentong express co., ltd
Pay compensation within 7 days after the judgment takes effect.
Yang Moqi's parents
The medical expenses are 662.34 yuan, and the hospitalization food allowance is 3 yuan.
Nursing expenses 42 yuan, funeral expenses 846.65 yuan,
900 yuan, mental damage compensation, the death compensation is 22,680.6 yuan.
Transportation and accommodation expenses incurred in investigation and evidence collection 139.03 yuan.
* * * 25,273.62 yuan.
At the same time,
Reject other claims of Yang Mouqi's parents.
(AHTV first time)