It’s your own fault

Author: Xueying Hongmei

It’s your own fault

This time I heard that Liu Cai from Lincun was bitten to death by a dog. Just the day before Zhao Sanhua asked someone to make peace, Zhang Datou went to the Liu family. He first expressed regret and comfort, then scolded Zhao Sanhua for being unkind, and finally

He tricked Li's family into going to court and suing him for 500,000 yuan.

The Liu family originally wanted to make a fortune from this matter. For them, Liu Cai's death made them a little sad, but then again, Liu Cai never did any good things when he was alive. He not only stole

He also stole money from outsiders and from home. His family hated him so much that they hated him so much that they cursed him countless times behind his back.

Now that the person is really dead, the family is thinking more about how much money they can get from the Zhao family. This may be the only good thing Liu Cai has done for them.

Originally, the Liu family wanted to go to the city to go to the city to find a lawyer to file a lawsuit, but Zhang Datou fooled the Liu family into believing that they would survive. In the end, the two parties reached an agreement that they would pay 3,000 yuan first, and later pay the lawyer's fees based on 10% of the judgment amount.

With such an open mind, I received the first case after New Year's Day.

…

"The court is now open. The plaintiff will state the claims, facts and reasons." The female judge sitting above banged the gavel, combed her neck-length hair, and looked at her big head.

“Litigation claims: First, request the court to order the defendant to pay death compensation of RMB 500,000 to the plaintiff; second, the litigation costs of this case shall be borne by the defendant.

Facts and reasons: On January 3, 2014, the plaintiff’s brother Liu Cai accidentally entered the defendant’s house and was bitten to death by a large fierce dog raised by the defendant’s house. According to Article 78 of the Tort Liability Law, the raised animals caused

If another person is harmed, the animal breeder or manager shall bear tort liability...

The plaintiff believes that Liu Cai's death was caused by the large bulldog raised by the defendant, and the defendant should bear the liability for compensation, and asks the court to support the plaintiff's claim in accordance with the law.

Finished." He opened his head and said.

"The defendant is making his defense." The female judge said expressionlessly.

“The defendant disagrees with the plaintiff’s claim for the following reasons:

First, on January 3, 2014, there was no one at the defendant’s home. For the purpose of guarding the home, the defendant scattered the wolves and green dogs he raised in the yard. The walls of the defendant’s house were tall and the gate was locked.

It is impossible for Wolf Green Dog to be discharged from the hospital and injure anyone. The defendant has fulfilled his due duty of care and is not at fault.

Secondly, judging from the situation at the scene, Liu Cai had the intention to use meat bones to tease and poison the wolf dog raised in the defendant's home, and he himself committed a major fault. The deceased Liu Cai had long known that the defendant had raised a large fierce dog in his home, and took advantage of the defendant's absence.

At home, he broke into a private house and was bitten to death by a dog. It was his own fault and the defendant was not responsible.

Finally, the deceased Liu Cai had been dealt with for theft many times before. This time, he climbed the wall of the defendant's house and entered the yard when no one was home. The defendant had reason to suspect that his real purpose was to steal property.

In summary, the defendant was not at fault for the death of the plaintiff’s brother Liu Cai. Liu Cai was bitten to death by a dog because he climbed over the wall to steal property. He should bear all the responsibility. The court is requested to reject all the plaintiff’s claims in accordance with the law.

The defense is over." Fang Yi thought to himself: Anyway, the plaintiff is not present, so the other party cannot hear what he says, so there is no need to be tactful.

"Now the original and defendant are presenting evidence and cross-examining the evidence, and the plaintiff is presenting evidence." said the female judge.

"The plaintiff only has one piece of evidence, Liu Cai's death appraisal report, which proves that Liu Cai was bitten to death by a large fierce dog raised by the defendant." Zhang Datou thinks that in this kind of case, the plaintiff only needs to prove that Liu Cai was bitten to death by the defendant's dog.

That's it, no need to provide other evidence.

"The defendant cross-examined," the female judge said.

“The defendant recognized the authenticity, relevance and legality of this evidence, and admitted that Liu Cai was bitten to death by his dog.

However, the defendant reminded the judge that the appraisal report provided by the plaintiff stated that Liu Cai was bitten to death in the yard of the defendant's home, not outside the hospital. The incident occurred in the early morning, when no one was at home.

While there was no one at the defendant's home, he climbed over the wall and entered the defendant's home in the early morning. The purpose is self-evident, which is to steal property. The cross-examination is over!" Fang Yi said.

"The defendant gave evidence." the female judge said.

“The first piece of evidence is a certificate issued by the village committee of the defendant’s daughter-in-law’s natal home, which proves that the defendant’s daughter-in-law has been living in her natal home during the New Year’s Day holiday and also participated in New Year’s Day celebrations in the village.

The second piece of evidence, the surveillance video record in front of the defendant's restaurant, proved that the defendant had been living in the county's restaurant during the New Year's Day holiday and was not at home.

The third piece of evidence is a witness statement issued by Li Baoku, the defendant’s neighbor. During the New Year’s Day holiday, the defendant’s family was not at home, and his father went to the defendant’s house every morning and evening to feed the dog. The witness was outside the court.

The proof is over." Fang Yi said.

In order to ask his neighbor to testify in court, Zhao Sanhua spent a lot of effort and paid a lot of lost work pay. In fact, the neighbor had been farming at home and had not left the village to work. There was no lost work pay, so he could ask his neighbor to testify in court.

You have to give me some benefits, otherwise why would people care about your family's offending business?

"Clerk, call the witnesses in." the female judge said.

After a while, the clerk opened the large wooden door of the court, and an old man in his sixties walked in. The old man was very plainly dressed, with furrows on his face and a dark complexion. The skin on his hands was like old tree bark.

The master who works in the fields.

Perhaps it was his first time entering the court, so the old man seemed a little nervous. He stood at the door not knowing where to put his hands.

"Witness Li Baoku, please submit your ID card..." After the female judge registered the witness's name, she informed him of the witness's precautions and obligations.

"...Witness Li Baoku, what do you want to prove in court?" the female judge asked.

"It proves that Zhao Sanhua and his family were not at home during the New Year's Day holiday." Li Baoku said. His hands were shaking slightly.

"You mean that Zhao Sanhua's family was not at home from January 1 to 3, 2014, is that true?" the female judge asked.

"Yes, that's what it means." Li Baoku said.

"Now it is up to the plaintiff to question the witnesses," the female judge said.

"Li Baoku, where do you live in the village?" Zhang Datou asked.

"I... live at the east end of the village, and are neighbors with Zhao Sanhua's family." Li Baoku looked nervous, his heart was beating hard, and every beat made his whole body tremble.

"Are you always at home during New Year's Day?" he asked with his head wide open.

"At home, it's cold, and there is no place for people in the village to go, so I just stay at home, play cards, bask in the sun, and watch TV." After being asked a few questions, Li Baoku seemed to have adapted to the atmosphere of the court.

I started to get so nervous.

"Your home is next door to the defendant Zhao Sanhua's home?" Zhang Datou said.

"That's right. Our two families are on the edge of the village. There is a small alley in the middle, which is only as wide as a trolley." Li Baoku gestured with his hands.
Chapter completed!