Fujian Xiamen, a man by the way of others drying a strawberry soaked wine to drink, but unfortunately poisoned to death, the man's family to the strawberry owner claims 1.24 million yuan. On the day of the incident, the man paid a way to a Chinese herbal medicine store, saw a large number of drying in front of the store, see no one around, then stole one by hand.
After returning home, the man threw the grasshopper into a wine vat to soak up the wine. Look at the wine gradually changed color, pay a very excited. In a few days, Fu Mou can not wait to pour a cup of wine out to drink, but Fu Mou drinking, the whole body numbness, family members quickly sent it to the hospital, but after the rescue died. After the case, the police determined that Fu Mou Department due to aconitine poisoning and death, and the source of aconitine is its Shunlai's grasshopper. So, the police will be the owner of the Chinese herbal medicine store Yue Mou detained.
The court of first instance found that Yue's behavior constituted the crime of causing death by negligence and sentenced him to two years and nine months in prison. Yue was not convinced and appealed. The court of second instance found Yue innocent and remanded the case for retrial. During the retrial, the police dropped the charges against Yue. Although the criminal case came to an end, the case did not end there. Soon after the police dropped the case, Fu's family took Yue to court, claiming more than 1.24 million yuan.
Pu's family argued that Yue, as the owner of a Chinese herbal medicine store, knew that the herb was toxic and could cause death if used improperly, but still dried the herb by the side of the road without taking any protective measures, and that he was at fault for the death of the herb, and should be held liable for the corresponding civil damages.
But Yue thinks, he is very wrong, for the following reasons:
First of all, the existing evidence can not be confirmed to pay for the wine of the grass is his; Secondly, their own drying behavior and pay for the results of the death of the grass is not a direct cause and effect relationship between the result of the last, to pay for the theft of the grass is illegal, and the consequences of the consequences of the should be by their own. The court after hearing, that YueMou know that the grass wu contains toxicity, but in the public *** place to dry, did not fulfill the reasonable duty of care, also did not take any warning, prompt measures, there is fault, the verdict YueMou compensation for FuMou family 40000 yuan.
For the court's judgment, I have different opinions. I think Yue should not be liable for compensation, specific reasons are as follows:
From the behavior of FuMou steal medicine, FuMou is obviously recognize the grass crow, and to understand its basic efficacy, otherwise he will not be used to soak wine. The reason why Fu Mou will be poisoned and died, mainly due to its own use of Chinese medicine improperly caused, and its use of the way the grass crow is not Yue Mou taught.
Paying as an adult should know that "medicine is three times poisonous" this common sense, but it is still in order to be greedy for a small advantage, in the absence of professional guidance, private use of medicines, their own existence is a major fault. Caowu in the case is to pay a certain amount of theft from Yue Mou, pay a certain amount of behavior is illegal, Yue Mou himself is also a victim.
To sum up, Fu Mou is entirely to blame, greedy for small gains eat big losses, and the result of its death is also due to its intentional criminal behavior. For this case, what do you think? Do you think Yue need compensation?