1, the house of the yard is not a public place the old lady that the owner should not be planted in public places poisonous plants
Recently, "know almost" there is a very hot post, a title alone to describe his embarrassing things encountered. He planted dozens of daffodils in the yard, and the old lady thought that it was leek, and cut the daffodils, wrapped in dumplings to her grandson, and the result of the hospitalization. Now the old lady went home to ask him to pay compensation, the police mediation also let him out of humanitarian compensation part of the medical expenses, he was puzzled: to my house to steal things, although the value of negligible ocean daffodils, lead to poisoning, how can also request Do I pay for it? Yangzi Evening News reporter Chen Di Chen Postage of the original excerpts of grandson poison, the old trouble to seek compensation, I should compensate you in my home on the first floor of the yard planted dozens of daffodils. A few days ago there is a Granny that this is leek, no one at home in the case, privately into my yard, cut a lot of daffodil leaves, and made a dumplings to her grandson to eat, causing her grandson food poisoning. Old woman together with her children to my home trouble, that I should not be planted in public places poisonous plants, this is my intention to poison her grandson. Old lady reported to the police, the police let me out of humanitarian compensation part of the medical expenses, and the eradication of narcissus to avoid future trouble. The police also let me later to all the plants plug in the brand, write a clear variety, can not eat. Do i ask if I should lose money and remove narcissus? Can I sue Laotai private house and theft? Explain some of the situation: the garden is to buy a house when the real money to buy silver, real estate license is also belong to me, next to the community is the public green space, the garden iron fence is not high, also 50 cm, there is a disrepair. Last year I was in the garden of tulips, flowering, the old woman had to take the scissors to spend the flowers, stole more than 30 flowers. This old man also steal my kind of rose, hydrangea, freesia and other plants flowers. The old lady mistakenly other people's yard in the ocean daffodil as leek, after stealing dumplings to their own grandson food, resulting in grandson food poisoning. This news is undoubtedly ridiculous, had a smile, but even more difficult to understand is that the old lady actually thought that the reason for his grandchildren poisoning is a kind of foreign daffodils, but asked others to compensate for it. Although seemingly joking farce, but there are a lot of problems worthy of thought and discussion. Jiangsu Yuan Yuan Law Firm Wang Jin lawyer from the legal point of view of the incident analysis: 1, housing yard is not a public place the old lady that the owner should not be planted in public places poisonous plants, the cultivation of toxic plant behavior deliberately poison others Deliberately; and the cultivation of narcissus who is consciously wronged, their own yard in the planted how the plant has become deliberately poisoned others? From the description of the owner of the house can be seen, housing and yard is the purchase of income, and in the real estate license is registered. It can be seen that the owner of the house is legally obtained ownership of the house and the yard, then the house and the yard should belong to their private ownership. And whether there is a clear distinction between the yard and the public places to distinguish, does not affect the nature of its own private ownership. Moreover, between the plant's yard and the public green space, the private space is not indistinguishable. From the description of the plot, the old lady knows that the courtyard and the plant belong to the owner's private ownership. 2, foreign daffodil is poisonous, but planting is not illegal housing ownership is the owner of the owner exclusive domination of all their housing rights. The owner of the house may, within the limits prescribed by law, exclude the interference of others and the possession, use, proceeds and disposition of all their houses. The courtyard belongs to the annex to the house, belonging to the part of the house, the concept of housing ownership also clearly includes the house of the courtyard. The behavior of the owner of the house in their own courtyard is the exercise of the right to use the ownership of the house. There is a principle in the civil law called "law is no prohibition can be", foreign daffodils, although toxic, but it is not prohibited by law planted plants, so the owner of the house planting narcissus behavior belongs to his personal freedom. 3, the old lady has illegally invaded the housing of others suspected "Constitution" Article 39 provides that citizens of the house is inviolable. Prohibit illegal search or illegal infringement of citizens' homes. The inviolability of a citizen's house is a fundamental right of the citizen, which is as important as the right of the person's personal freedom and human dignity, and is equally protected by law. The old lady many times without the consent of the owner of the house into the courtyard into the flowers, obviously against the owner of the right, its behavior is illegal. The owner refused to enter the case, the old lady's behavior constitutes an illegal intrusion into other people's house crime or other crimes, because the information is limited and can not make an accurate judgment, but at least suspicious. 4, the owner of the house should bear the liability? The owner's liability is not only in accordance with the consequences of the damage, but also must have a subjective fault, and its behavior and the damage between the existence of a direct causal link. In this incident, the owner of the house in their own homes to plant the behavior of daffodils, not illegal, the behavior does not directly lead to the results of other people food poisoning. Lead to the results of children's food poisoning is the grandmother steal foreign daffodils and dumplings eat into the behavior. Thus, there is no direct causal link between the behavior of the owner of the house and the outcome of the damage, so the owner of the house has no civil liability. The grandmother should take full responsibility for the poisoning of his grandchildren. Finally, Wang Jin lawyers to remind the above view, only for the incident to provide the material and the situation does not indicate that the behavior of their own courtyard without any restrictions or any results are not responsible. If the behavior itself is illegal, then another matter, such as in their own walls set up high-voltage power grid security and personal injury cases, the owner or to bear the responsibility and tort liability.