Recently, the Beijing Haidian District People's Court announced a civil first instance judgment in a dispute over the right to life, health and body. The details of the case are, in June 2018, Shaanxi Weinan, turn the platform named "YiMou" girl through the platform contact ShaoMou, has twice to buy silver ring snake. July, YiMou was bitten by the silver ring snake, her mother QiMou sent her to the hospital for treatment, and then assessed as brain death, YiMou was picked up, died at home. There is a factual causal relationship between all six defendants and the consequences of Yi's damage, etc. On July 9, 2018, a 21-year-old girl was bitten by a silver-ringed snake purchased online, and was unable to breathe on her own despite all efforts to save her at the hospital. Xiaofang's mother believes that her daughter bought a silver ring snake was bitten and poisoned to death, and she herself should be held responsible.
The girl bought a poisonous snake as a pet one month after the death of exactly how it is, follow me to see it.
Recently, the Beijing Municipal Haidian District People's Court announced a right to life, the right to health, the right to body disputes in the case of civil first instance judgment.
The details of the case are, in June 2018, Shaanxi Weinan, the transfer platform named "Yi Mou" girl through the platform to contact Shao Mou, has twice to buy silver-ringed snake.
In July, YiMou was bitten by a silver-ringed snake, and her mother, QiMou, sent her to the hospital for treatment, which was assessed to be brain dead, and YiMou was picked up and passed away at home.
Yi's parents therefore sued the turnaround platform, silver-ringed snake seller Shao Mou, Yang Mou, Wang Mou three people, as well as Shentong, Best two courier companies, demanding compensation of more than 1.5 million yuan, etc..
The court held that, according to the "if not, then not" standard of judgment, if the silver-ringed snake is not delivered to the YiMou, it will not suffer from the results of the damage of the silver-ringed snake bite. Six defendants and YiMou damage consequences of the fact that there is a causal relationship, etc..
In the end, the adjudication result was:
The six defendants*** paid about 336,900 yuan in damages
Among them, the three sellers of the silver-ringed snakes paid about 252,700 yuan in damages
Turnaround paid about 33,700 yuan in damages
The two courier companies paid about 50,500 yuan in damages
Earlier reports
2018 On July 9, a 21-year-old girl was bitten by a silver-ringed snake purchased online, and was fully rescued by the hospital, but she was unable to breathe on her own.
On July 11, the girl was transferred to the Provincial People's Hospital, where she received one day of treatment and was declared brain dead after multiple assessments by experts.
On July 17, the girl had a high fever and a fast and slow heart rhythm at about 5 a.m., and then died.
At around 5 a.m. on July 17, 2018, Xiaofang (a pseudonym), a 21-year-old girl who had been in a coma for days after being bitten by a silver-ringed snake, died tragically.
After dealing with her daughter's aftermath, Xiaofang's mother has been reflecting on the situation.
On July 21, Xiaofang's mother said that her daughter should bear the consequences of her own behavior, but the online shopping platform, the seller and the logistics are also responsible for her to defend her rights through judicial means, and hope that the relevant departments to strengthen supervision.
The girl had wanted to open a pet store
July 21, in Weinan City, Huazhou District, a private house, the door is locked, affixed with a white couplet. The day the heat continues, because the home power outage, Xiaofang parents had to take their young daughter to friends and relatives to avoid the summer heat.
Mentioning the daughter's misfortune, the mother said, Xiaofang is the eldest daughter, in recent years, keen to keep puppies, birds, rabbits and other pets, previously bought pets in the local pet store to bring home to raise, and this year began to buy pets from the Internet.
Xiaofang had wanted to open a pet store, but her parents refused considering their daughter's inexperience, and Xiaofang also set up a week-long stall selling pets.
"When the silver ring snake was bought we do not know. 6:53 p.m. on July 9, I received a phone call from Eva on the first floor of her home, saying she was bitten by a snake." Xiaofang mother said she rushed up to the second floor of her daughter's room, simply asked the situation rushed to the hospital.
Later learned from her daughter's cell phone is to buy a silver-ringed snake, looking for silver-ringed snake serum overnight, but the injection did not improve the situation.
Worried that the snake threatens the safety of others, the husband again overnight in the home to find, but did not find. 5:00 am on July 17, Xiaofang appeared high fever, heart rhythm fast and slow and other symptoms, and then unfortunately died.
Huazhou District Forestry Bureau released a message showing that on the morning of July 10, the District Forestry Public Security Police Station and the District Public Security Bureau Chengguan Police Station formed a search team, the injured living area around the launch of a detailed search, in the evening of July 10 around 9 pm in the vegetable market garbage to find the death of the silver-ringed snake.
On July 11, the silver-ringed snake was identified as having been purchased from Qingyuan City, Guangdong Province, in the Qingxin District, and this was communicated to the local forest public security department for investigation.
Parents believe that the platform, the seller and logistics are responsible
After the incident, friends and relatives check Xiaofang's phone found that the silver-ringed snake is through a cell phone App from a man surnamed Wang, the other side of the platform did not real-name authentication.
Xiaofang's mother said, "I also looked at the chat records of my daughter and the seller, the other said that the silver ring snake is poisonous and very toxic, and wear gloves when in contact."
"July 10, my niece also used my daughter's phone on the shopping platform chat tool, and the seller talked. The other party also said 'will not also want silver ring snakes'." She said that friends and relatives later chatted with the other party in the name of the buyer, the other party said that there are silver-ringed snakes, can be sent by courier.
After adding the other party WeChat, the other party also sent a circle of friends, said "a buy my silver-ringed snake lied home to soak the wine sister silver-ringed snake as a pet to play, the result is bitten, and now life-threatening, I hope that there is no experience in keeping venomous snakes, do not look for me to take the venomous snakes ...... "
Xiaofang's mother believes that her daughter bought a silver-ringed snake was bitten and poisoned to death, itself should be responsible. But the online shopping platform, the seller, as well as the Best Express also has a responsibility, "the platform supervision is not in place, before the other side can sell, my daughter can buy, if this poisonous silver-ringed snake is not allowed to sell on the platform, there will be no such thing." She said the seller knew that the silver-ringed snake is a highly poisonous animal, it should not be sold.
She also said that if the courier company had checked the requirements and stopped sending it according to the regulations, this silver-ringed snake would not have reached her daughter. She believes that the relevant departments should strengthen the management of poisonous animals and other items, prohibit the sale and sending, to avoid the recurrence of similar tragedies.
It is understood that the silver ringed snake for the land's fourth largest venomous snake, its venom gland is very small, but the toxicity is extremely violent, is the strongest in the ringed snake genus toxicity, the person was bitten, the initial feeling is not very obvious, the pain is small, after a few hours, such as untreated often due to respiratory paralysis and death.
Transferred from: Huashang Daily
Source: Anhui Radio and Television
Girl online purchase of venomous snakes as pets a month after the death of related readings:
Woman online purchase of venomous snakes bitten by the unfortunate death of the court ruled
A woman twice from the second-hand trading platform
purchased poisonous silver-ringed snakes
and was bitten, and eventually died
The family then sued the platform, the courier company
the seller of the poisonous snakes, and so on, to the court
asking for damages
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According to the referee's website, on June 20, 2018, Yang Mouqi, through the turnaround platform contacted Shao and asked Shao if he was selling silver-ringed snakes, and Shao, after communicating with Yang Mouqi, released goods for sale on the platform with the title Silver-ringed Snake Undetoxed and a picture of a silver-ringed snake. Yang Mouqi photographed, pay 110 yuan for this.
Shao received the order and contacted Yang Mou, asked Yang Mou to Yang Mouqi address to mail the silver-ringed snake, and paid Yang Mou 70 yuan. The said order was transported by Shentong's courier to Yang Mouqi's place in Shaanxi Province, and Yang Mouqi received the silver-ringed snake (hereinafter referred to as the first silver-ringed snake) on June 24, 2018.
On July 1, 2018, Yang Mouqi once again contacted Shao Mou to purchase a silver-ringed snake through the turnaround platform, and Shao Mou released merchandise for sale on the turnaround platform, titled Silver-ringed Large Adult Male, described as super venomous and equipped with pictures of silver-ringed snakes.
Yang Mouqi photographed and paid 115 yuan. Shao Mou again contacted Yang Mou shipment and paid 80 yuan. Yang Mou received Shao Mou payment, through WeChat and Wang Mouxing contact, Wang Mouxing in accordance with Yang Mou provided Yang Mouqi address will be sent by courier mail silver ring snake, and charge Yang Mou 60 yuan. The said courier was received by Huang Mou, an outsider, and was transported by express from Best Company, and Yang Mouqi received the silver-ringed snake on July 6, 2018 (hereinafter referred to as the second silver-ringed snake).
On July 9, 2018, Yang Mouqi was bitten by a silver-ringed snake on the index finger of his left hand, and he had gone out to buy band-aid medicines after being bitten. At 6:00 pm on the same day, Yang Mouqi telephoned her mother, Qi Mou Qin, to inform her that she had been bitten by a snake in a park at 5:00 pm, but did not inform her of the type of snake. Qi Mou Qin sent Yang Mou Qi to Weinan Huazhou District People's Hospital (hereinafter referred to as the Weinan Hospital) emergency, failed to specify the type of snake.
Because the condition was unclear, the Weinan Hospital first gave the relevant examinations. Yang Mouqi vomited during the treatment. At 21:37 on the same day, Yang Mouqi developed symptoms and was given CPR by the Weinan Hospital and hospitalized at 22:47 on the same day. After hospitalization, the Weinan Hospital gave Yang Mouqi to sue for critical illness, ventilator-assisted respiration, monitoring, brain resuscitation, rehydration, anti-infection, monitoring, regulation of blood glucose, phlegm, phlegm suction and other treatments, and injected anti-vipers venom serum at 1:02 a.m. on July 10, 2018.
Qi Mou Qin learned in the early morning of July 10, 2018 from Yang Mouqi's cell phone records that Yang Mouqi had purchased silver-ringed snakes. As anti-Silver Ring Snake serum could not be purchased in Shaanxi Province, Qi Mou Qin contacted other provinces and cities to purchase it. After obtaining it, the Weinan Hospital gave the injection on two separate occasions. After Yang Mouqi brain function did not see significant improvement, the family asked to transfer to a higher hospital for further diagnosis and treatment.
The silver-ringed snake bought by Yang Mouqi
On July 11, 2018, Yang Mouqi was transferred to Shaanxi Provincial People's Hospital for 2 days, diagnosed with snakebite, multiple organ failure (respiratory, central), ischemic hypoxic encephalopathy, electrolyte metabolism disorders, hyperkalemia, subarachnoid hemorrhage, acute liver injury, hypoalimentemia, acid-base balance disorders, metabolic acidosis combined with respiratory alkalosis, and hyperlactatemia. Yang Mouqi was discharged from the hospital on July 13, 2018 and was taken home, where she died on July 15, 2018 at home.
Subsequently, Yang Mouqi's parents sued Shao Mou, Yang Mou, Wang Mouxing, Beijing Turning Spirit Technology Limited Liability Company (hereinafter referred to as Turning Company), Hangzhou Best Network Technology Company Limited (hereinafter referred to as Best Company), and Shentong Express Company Limited (hereinafter referred to as Shentong Company) to the court, requesting a judgment that the six defendants jointly and severally compensate for the medical expenses of 57,931 RMB, nursing care expenses of 2800 RMB, Transportation costs of RMB1000, accommodation costs of RMB1960, hospital meal allowance of RMB350, funeral expenses of RMB50802, necessary expenses for relatives to handle funeral matters of RMB10000, death compensation of RMB1248,120, and compensation for moral damages of RMB60,000; and requesting a judgment that the six defendants jointly and severally pay investigation and evidence collection costs of RMB9424, including transportation costs of RMB7611 and accommodation costs of RMB1813; Litigation costs borne by the six defendants. During the litigation process, Qi Yu Qin, Yang Tiejun change the amount of death compensation request for 1512040 yuan, change the amount of funeral expenses request for 64272 yuan.
The referee documents show that the silver-ringed snake is a venomous snake, very toxic, distributed in China's Anhui, Zhejiang, Guangdong, Guangxi and other places. The silver-ringed snake is included in the "national protection of beneficial or important economic, scientific research value of terrestrial wildlife list", belongs to the three have protection of wildlife, non-state key protection of wildlife.
The Beijing Haidian District People's Court held that, according to the "if not, then not" standard of judgment, if the silver-ringed snake had not been delivered to Yang Mouqi, he would not have suffered from the damage caused by the silver-ringed snake bite. There was a causal relationship in fact between the two sets of acts committed by the six Defendants and Yang Mouqi's injuries. Because the six defendants were in the silver ring snake trade in the three types of links in the implementation of the behavior, in line with the "behavior indirectly combined to cause the same damage" characteristics, so each link should be based on the size of the negligence or the proportion of the cause of the respective liability.
Court decision
Finally, the Beijing Haidian District People's Court ruled
Shao Mou, Yang Mou, Wang Mouxing
in the judgment within 7 days after the entry into force of the joint compensation
Yang Mouqi's parents, the medical expenses of 6623.4 yuan,
hospital meal allowance of 30 yuan, nursing care of 420 yuan,
funeral expenses
8466.45 yuan, moral damages. 8,466.45 yuan, 9,000 yuan of compensation for moral damage,
226,806 yuan of compensation for death,
1390.34 yuan of transportation and lodging costs incurred in the investigation and evidence collection,
*** 252,736.19 yuan;
Beijing Turning Spirit Science and Technology Limited Liability Company
Within 7 days after the judgment came into effect
Compensation for Yang Mouqi's parents
Medical expenses of 883.12 yuan, hospital meal allowance of 4 yuan,
nursing care of 56 yuan, funeral expenses of 1,128.86 yuan,
mental injury compensation of 1,200 yuan, death compensation of 30,240.8 yuan,
investigation and collection of evidence to produce transportation costs, accommodation costs of 185.38 yuan.
*** 33698.16 yuan;
Hangzhou Best Network Technology Co. p> The compensation for moral damage 900 yuan, death compensation of 22680.6 yuan,
investigation and evidence generated transportation costs, accommodation costs of 139.03 yuan,
*** total of 25,273.62 yuan
Shentong Express Company Limited
within 7 days after the entry into force of the judgment to compensate for the
Yang Mouqi's parents
Medical expenses of 662.34 yuan, hospital meal allowance of 3 yuan,
nursing fee of 42 yuan, funeral expenses of 846.65 yuan,
compensation for moral damage of 900 yuan, death compensation of 22680.6 yuan,
investigation of the evidence generated by the transportation costs, accommodation costs of 139.03 yuan,
* ** total of 25,273.62 yuan
At the same time,
dismissed Yang Mouqi's parents of other claims.
(AHTV First Time)