Basic facts of the case
Recently, Ms. Chen, a citizen, came to the Yunfu City Legal Aid Office to inquire about the legal issues related to being bitten by other people's pets. It is understood that during the Spring Festival, Ms. Chen took her 4-year-old daughter for a walk in the community, and a Labrador pet dog with no leash and no mouth covering, but with a dog tag and collar around his neck, suddenly rushed out and pounced on them. Ms. Chen protected her daughter with her own body. But the adult Labrador was larger, and Ms. Chen was thrown to the ground, her daughter's leg was scratched, and Ms. Chen was bitten by a dog. After the initial treatment at the hospital, Ms. Chen found Mr. Liao, whose owner lived in the same neighborhood, and demanded that he apologize and compensate for medical expenses. However, Mr. Liao had a bad attitude and refused to compensate, believing that pet dogs biting and scratching others were the dog's own behavior, and he did not need to take responsibility. Ms. Chen specifically asked the staff whether there was a legal basis to support her rights protection.
In this regard, the staff of the Municipal Legal Aid Office answered that Article 1246 of the Civil Code, which will be implemented in 2021, stipulates that if the animal violates the management regulations and does not take safety measures to cause harm to others, the animal breeder or manager shall bear tort liability; however, if it can be proved that the damage was intentionally caused by the infringed person, the liability can be reduced. The Labrador pet dog did not have a leash, leash, or mouth covering at the time, and pounced on Ms. Chen and her daughter, who were walking normally on the road, causing them injuries. Then, according to the law, Mr. Liao, as the animal breeder and manager, should compensate Ms. Chen and her daughter for the relevant medical expenses.
Tips
The Civil Code separates the liability for damage caused by raising animals into a separate chapter, enabling the state to make clearer regulations for civilized animal breeding. According to the relevant provisions of the Tort Liability Section of the Civil Code, if the raising of animals causes damage to people, the breeder or manager shall bear the tort liability. At the same time, the breeder or manager shall take necessary safety measures for the animal in accordance with the local animal management regulations, otherwise, the breeder or manager shall bear the tort liability for causing damage. Moreover, the Civil Code also makes it clear that if dangerous animals such as fierce dogs are prohibited from breeding and causing damage to others, regardless of the reason, the breeder or manager must be fully responsible. Here, the Municipal Legal Aid Office reminds the general public that necessary protective measures such as safety ropes and protective gear should be used when walking dogs, while avoiding peak periods and crowded places. In addition, if the animal is liable for harm caused by the fault of a third party, the animal keeper or manager shall bear unlimited joint and several liability for civil compensation liability. In order to reduce disputes in this regard, we recommend that the general public raise and manage animals well in accordance with the law, abide by laws and regulations, respect social morality, raise them in a civilized manner according to law, fulfill their responsibilities for management and protection, and let the animals and people share a harmonious life together.
Basis of the law
Article 1245 of the Civil Code of the People's Republic of China: Where an animal is raised that causes damage to others, the animal keeper or manager shall bear tort liability; however, if it can be proved that the damage was caused by the intentional or gross negligence of the infringed person, the liability may not be borne or mitigated.
Article 1246 of the Civil Code of the People's Republic of China: Where, in violation of management regulations, safety measures are not taken against animals and cause harm to others, the animal breeder or manager shall bear tort liability; however, if it can be proved that the damage was intentionally caused by the infringed person, the liability may be reduced.
Article 1247 of the Civil Code of the People's Republic of China: Where dangerous animals such as fierce dogs are prohibited from breeding causing harm to others, the animal breeder or manager shall bear tort liability.
Article 1249 of the Civil Code of the People's Republic of China: Where an abandoned or escaped animal causes damage to others during the period of abandonment or escape, the original breeder or manager of the animal shall bear tort liability.
Article 1250 of the Civil Code of the People's Republic of China: Where an animal causes damage to others due to the fault of a third party, the infringed party may request compensation from the animal breeder or manager, or from a third party. After the animal breeder or manager has compensated, he has the right to recover compensation from a third party.
Article 1251 of the Civil Code of the People's Republic of China: Raising animals shall comply with laws and regulations, respect social morality, and shall not obstruct the lives of others.
Source: Yunfu Justice