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The pet dog bit someone and was kicked away. The dog owner demanded an apology and compensation of 60,000 yuan

2024-08-19

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A dog bit a person in an elevator and the person kicked the dog. Afterwards, the dog owner demanded an apology from the person who kicked the dog and compensation for medical expenses, mental damages, and medical expenses for the pet dog, totaling more than 60,000 yuan. Is the dog owner's claim reasonable? Recently, the Fangshan District People's Court of Beijing concluded a case in which a pet dog bit a person and was kicked. The court did not support the dog owner's claim for compensation.

At around 8 o'clock one morning in January 2023, in a residential community in Fangshan District, Ms. Wang, who lives on the 10th floor, took the elevator downstairs with two pet dogs on a rope. When the elevator reached the 6th floor, Xiao Liu wanted to take the elevator. After the elevator door opened, when Ms. Wang advised him to take the next elevator, Xiao Liu was in a hurry to go to work but still got on the elevator. As soon as he entered the elevator, Xiao Liu was bitten on the calf by the dog, and then kicked the dog away.

After the incident, Xiao Liu went to the hospital for treatment immediately, and obtained compensation of 805 yuan from the dog owner through a court lawsuit.

"I have advised Xiao Liu to wait for the next elevator, but she got on the elevator knowing that it was dangerous." After compensating Xiao Liu, Ms. Wang sued Xiao Liu in court and stated that Xiao Liu kicked the pet dog in the elevator, causing the pet dog to be injured, which caused multiple blows to her body, mind and spirit. She was hospitalized for more than a month, so she demanded that Xiao Liu apologize, compensate for medical expenses, mental damages, and pet dog medical expenses totaling more than 60,000 yuan.

Xiao Liu disagreed with this, believing that the incident was caused by the dog attacking him and that he was the victim and had no reason to pay compensation.

After trial, the court held that the focus of the dispute in this case was Ms. Wang and Xiao Liu. Who was the infringer?