Nowadays, there are more and more people who keep pet dogs, and some pet dogs hurt people frequently. Among them, it is rare for a dog to bite a dog and cause injuries to claim compensation. On September 22, the Kunshan Municipal People's Court in Suzhou announced a case of a "Wang Xingren" fight that injured one of its owners.
Wang raised a Satsuma dog, and on the morning of the incident, Wang took a leash to walk the dog downstairs. After that, three unchained puppies ran in the direction of the Satsuma, who was dragged back by Wang when he was about to rush forward. Two of the three puppies left after a brief pause, and the other puppy turned back to Wang. The owner of the puppy, Li Mou, ran to try to give the puppy a leash, but it was unsuccessful.
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At this point, the Satsuma dog rushed out and pounced on the puppy, and the two dogs became entangled. The owner of the puppy, Li, found that his puppy might be injured, so he came forward to help, and in the process of biting, li's hand was injured.
Afterwards, the parties could not reach an agreement on compensation. The next day, after unsuccessful handling by the police, Li sued the owner of the Satsuma dog, Wang Mou, to the Kunshan Court, demanding that he compensate for medical expenses, transportation expenses, lost work expenses and other expenses.
The court trial found that from the surveillance video, although it was impossible to see clearly whether it was the Satsuma dog that bit Li, it could not deny the fact that the cause of the conflict was that the Satsuma dog actively attacked the puppy, resulting in Li being injured during the conflict.
Although defendant Wang had a dog breeding permit and wore a leash when walking the dog, he improperly managed the Satsuma dog he kept and did not wear a mouth noose on the dog, resulting in the large dog actively attacking the puppy, and should bear tort liability. Li has a duty of care for his own safety in walking the dog, and at the time of the incident, he beat the Satsuma dog and neglected to protect himself, and he did not have a dog license, did not take measures such as tethering the puppy, and was not under-managed by the puppy, and there was also a fault for the occurrence of the damage result.
According to the Civil Code of the People's Republic of China, "If an animal raised 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." ”
"Where the management regulations are violated and safety measures are not taken against the animals and cause harm to others, the animal breeder or manager shall bear the tort liability; however, if it can be proved that the damage was intentionally caused by the infringed person, the liability may be reduced." The court, as appropriate, confirmed that the result of the infringement in this case was borne by the plaintiff Li and 60% by the defendant Wang.
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Here, we also remind the owners of pet dogs that being a civilized owner is the premise and guarantee for raising good pets. Getting a dog license before raising a dog, wearing a dog leash when walking the dog, avoiding dog harassment of others, wearing a mouth noose for large dogs, and regularly vaccinates the dog are all things that a qualified pet dog owner should do. Otherwise, if a dog injures a person, as the owner of the dog, he must bear the corresponding economic compensation and legal responsibility.
Source: Youth Law Popularization Learning Classroom