A man surnamed Huang was negligently releasing a pet macaw, causing a doctor surnamed Lin to fall down in fright and suffer a broken leg. He was seriously injured and recuperated for half a year. The Tainan District Court sentenced Huang Nan to pay a total of 3.04 million yuan to Dr. Lin.

(Photo by reporter Wang Junzhong)

[Reporter Wang Junzhong/Tainan Report] When a factory worker surnamed Huang took a macaw to the outdoors in Guiren District, Tainan in July 2020, he rashly released the parrot, causing the parrot to fly close to the jogging forest from behind. The doctor surnamed the back of the head. The doctor was caught by the "big bird" and was frightened by the flapping of its wings. The doctor fell and was injured. His right leg was severely fractured and he could not work for 6.5 months.

After the incident, Dr. Lin claimed a total of more than 3.68 million yuan from Huang Nan. The Tainan District Court concluded that Huang Xu should pay a total of more than 3.04 million yuan, and he can still appeal.

Liu Xiujun, chief of the administrative division of the Tainan District Court, said that this case was a pet parrot that injured a person, and the owner was sentenced to compensate the victim. This is a rare case in recent years. .

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The judgment pointed out that at about 6:30 in the evening on July 13, 2020, Huang Nan took his macaw to the industrial road next to the South 157 Township Road in Quy Nhon District to fly, but Huang did not take any protective measures to prevent the parrot from leaving its place. The scope of control, at about 7:00 that night, a plastic surgeon surnamed Lin jogged past the place, and the macaw suddenly jumped on the back of Dr. Lin's head from behind and flapped its wings vigorously. Lin was so frightened that he fell down and injured his foot.

After the owner surnamed Huang found out that the parrot had caused an accident, he stepped forward to inspect and saw that Dr. Lin was in so much pain that he couldn't stand up, and immediately called an ambulance.

Dr. Lin went to the doctor and diagnosed right leg hip dislocation combined with acetabular fossa fracture, right acetabular atresia comminuted fracture, etc. The injuries were serious.

After the incident, Dr. Lin filed a lawsuit against Huang Nan for negligent injury and civil compensation. Lin said during the prosecution's hearing: "At that time, a big thing that I don't know what it was grabbed my head from behind and kept flapping its wings. Papapapa, I was so startled that I fell down and lay on the ground, my feet could only be bent like this (both feet were bent and hugged knees in court), and I couldn’t straighten it at all because it hurt.”

The judge of the criminal court said that the macaw was about 40 centimeters high and about 60 centimeters with its wings spread out. It was not a small animal that could be approached in appearance, but was already a "colossus". Physically, most people will have the judgment of being attacked.

The judge determined that Dr. Lin's fall was caused by Huang's negligence and failed to take protective measures against the parrot. He was sentenced to 2 months in prison for the crime of negligent injury and fined by Yike.

In the part of civil claims, Dr. Lin claimed that he was frightened by a parrot and fell down and injured his leg. He was hospitalized for 1 week and 3 months and needed special care. and consolation money, etc., requiring Huang Nan to pay a total of more than 3.68 million yuan.

Huang Nan did not deny that he was involved in negligent injury infringement, but felt that the injured doctor's claim was too high.

The civil court judge consulted Dr. Lin's injury diagnosis certificate and income tax information, and determined that Dr. Lin's monthly salary was about 220,000 yuan to 250,000 yuan.

Dr. Lin's claim for medical expenses, nursing expenses, loss of work during the period of injury and recuperation, loss of labor capacity, and consolation money is justified, and Huang Nan should pay more than 3.04 million yuan in total.