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the horse died suddenly, the tourist was injured and had to pay 7,000 yuan in compensation? the village party secretary said that he did not listen to advice and rode violently

2024-08-29

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recently, a video circulated online showed that while riding a horse on the bashang grassland, the horse fell to the ground and died suddenly, and the tourist was injured and had an argument with the horse owner. in the end, the tourist compensated the horse owner 7,000 yuan.

▲ screenshot of the video circulating online

on august 27, the village party secretary of the horse owner's village told red star news that the tourist had been riding the horse violently. the tour guide tried to stop the horse after finding it was "excessive", but the tourist continued to ride the horse, causing the horse to "explode its lungs" and die. under the coordination of the police station, the tourist paid 7,000 yuan in compensation.

many equestrian enthusiasts and horse breeders said that horses can die from continuous intense exercise, and it depends on whether there is violent riding behavior, but they do not rule out the possibility that the horse has underlying diseases. lawyers believe that the key to who should pay compensation between tourists and horse owners is to determine the responsibility.

video shows horses dying and tourists injured while riding horses on grassland

tourist compensates horse owner 7,000 yuan

recently, many videos circulated online showed that a tourist was injured when his horse died while riding on the bashang grassland. in the end, the tourist compensated the horse owner 7,000 yuan. the video sparked heated discussions online, and some netizens questioned whether the horse farm was blackmailing.

red star news reporters searched and found that there were multiple accounts on the internet that posted what happened in the name of tourists. in their description, it was mentioned that "tourists rented ten horses from a homestay in zhalaying village, datan town, fengning county at around 9:50 am on august 23 and set off on horseback. shortly after arriving at the horse trail at 11:10, one of the horses died, the male tourist on horseback was crushed, and another female tourist was knocked down, and both were injured. after that, the two sides had a dispute, and the tourists were verbally threatened by the horse owner. at the police station, the tourists compensated the horse owner 7,000 yuan."

red star news reporters left messages to these accounts hoping to learn more about the situation, but received no response as of press time. on the 27th and 28th, reporters called the guesthouses mentioned by tourists several times, but they refused to be interviewed.

the village party secretary said that tourists did not listen to the advice and rode violently

the county's cultural and tourism bureau said it has already obtained investigation results.

on the 27th, the village party secretary of zhalaying village, where the homestay is located, told red star news that "70% of the content described by tourists on the internet is not the actual situation, but fabricated". the man who encountered the death of the horse while riding a horse had experience in riding horses and claimed to be a horse ranner. their team had more than a dozen people. it was about ten kilometers from the village to the place where the horse died. during this period, the man rode the horse quickly out of the team and then ran back without letting the horse stop. after arriving at the horse trail, the team leader found that the horse was "overexerted" and tried to dissuade him many times, but the man still rode the horse violently and continued to run back and forth, causing the horse to die. the veterinarian examined the horse and found that the cause of death was "exploded lung".

the village secretary also said that the owner of the homestay had an argument with the tourist after arriving at the scene. "the tourist hit two people in the homestay, but the video circulating online did not capture this scene, only the quarrel and shoving between the two parties afterwards." after calling the police, both parties were taken to the police station, and the tourist compensated the horse owner 7,000 yuan. the village only negotiated the price and precautions for tourists to ride horses, and no paper agreement was signed. after this incident, the villagers will consider requiring villagers and tourists to sign relevant agreements before riding horses.

on the 27th, a staff member of the datan town government said that the matter was still under negotiation and communication, and the reporter would be informed of the results. a staff member of the fengning county tourism, culture, radio, film and television bureau said that the video circulated online was shot by a third-party tourist and only recorded a small part of the dispute between the two parties, which resulted in a distortion of the matter. the investigation results have been obtained, but they need to be reported to the leadership before they can be announced. the reporter sent an interview letter as required and called again on the 28th, but no response was received as of press time.

on the evening of the 28th, a staff member of the fengning county publicity department stated that the two parties had reached a settlement and the specific situation was still being investigated.

practitioners say that strenuous exercise in horses may cause lung explosion

the lawyer said that who will pay compensation depends on the determination of responsibility.

an equestrian enthusiast told red star news that a healthy horse that is often ridden is unlikely to die from running at this intensity. ordinary tourists do not have the ability to control horses and force them to run to death. some horses will refuse to run after they are physically exhausted. however, if a horse exercises vigorously in high temperatures and its performance declines, if the rider ignores the signal and continues to ride fiercely, it is indeed possible that the horse will die of pulmonary hemorrhage. the specific reasons depend on the health of the horse, the weather on the day, and whether the rider rides violently, such as whether the horse is whipped with a whip or forced to run even when the horse staggers.

a horse farm owner said that there is a possibility that a horse will die if it runs ten kilometers without a speed limit. if the rider does not understand or love horses, letting the horse run all the time may indeed kill it. however, it cannot be ruled out that the horse has underlying diseases, so it is difficult to judge who is responsible based on the current situation.

fu jian, director of henan zejin law firm, believes that the two parties only had a verbal agreement and did not sign a specific contract, which increases the difficulty of determining responsibility. however, even if there is no written contract, according to the civil code of the people's republic of china and other relevant laws and regulations, both parties should still abide by the principle of honesty and trustworthiness and perform their respective obligations. as the owner of a horse farm that provides horse riding services, it is the responsibility to ensure that the horses provided are healthy and suitable for riding, and necessary safety measures should be taken to ensure the safety of tourists. if a tourist is injured due to health problems of the horse, the owner of the horse farm needs to bear the liability for compensation. tourists are also responsible for complying with safety rules and using horses reasonably when participating in horse riding activities.

if a tourist does violate relevant regulations by riding a horse violently or refusing to listen to dissuasion, resulting in injury, it can be understood that he/she is acting intentionally or negligently, and he/she shall be responsible for his/her own damages, and may need to compensate the horse owner for his/her losses. if the tourist accepts compensation because of intimidation by local people, he/she can ask for a refund due to coercion. if the tourist is not at fault, the horse owner shall bear certain compensation liability for injuries caused by the horse to others.

hao yachao, a partner lawyer at beijing weiheng law firm, said that the key to this matter lies in whether both parties have evidence to prove that the other party is at fault. it is not that the horse owner has to pay compensation if tourists are injured, or tourists have to pay compensation if the horse dies. instead, the party at fault bears the loss. if both parties go to civil litigation, it depends on who can provide more advantageous evidence.

red star news reporter fu yao and intern reporter liu yazhou