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There was a dog dispute case in Shandong, an elderly man in his 70s met a woman walking his dog in the park, stood about 10 meters away and fell and was injured, and later the old man claimed that he was frightened by the woman's golden retriever dog and caused him to fall, and asked the woman to compensate for medical expenses of about 70,000 yuan.
The dispute case was heard by the court, and the first and second instance ruled that the dog woman should bear part of the responsibility and compensate 70% of the medical expenses of the elderly. In this article, we will discuss the division of responsibility when pet ownership causes harm to others.
While keeping a pet brings happiness to people, you should also be aware of the dangers that pets may bring to others. According to the relevant provisions of the Civil Code, pet owners should bear no-fault liability, and if pets harm others, pet owners should bear corresponding civil liability.
The old man claimed that he was frightened by the golden retriever of the dog woman and caused the fall injury, while the dog woman believed that the old man's own behavior was also problematic and should not be fully held responsible. How to correctly view this dispute case and divide the proportion of responsibility between the two parties?
After the trial, the court held that although it was not completely certain whether the golden retriever really pounced on the old man and caused him to fall, it could be determined that the old man was affected by the golden retriever and fell backwards on his own.
The old man admitted that he did react to the influence of the dog. Although the dog owner said that she was walking the dog on a leash, she failed to provide conclusive evidence at the time. Considering these two points, the court ruled that the dog owner should bear the main responsibility and compensate the elderly for 70% of the loss.
In this judgment, we should correctly understand the responsibility of pet owners for the management of pet behavior. Although the dog owner said that the dog has been immunized and has gone through the procedures, there are still requirements for leashing and registration when walking the dog in public places, which is essential to ensure public safety.
Even if the dog doesn't actually hurt the elderly, its sudden behavior can startle the elderly. Considering the age of the elderly and the danger that the dog can pose, it is reasonable to hold the dog owner partially liable.
We must also see that the elderly, as the parties concerned, should also be responsible for their words and deeds. According to the facts of the case, the old man took the initiative to approach the puppy that was playing, and admitted that he was not aware of the dog's presence at that time.
The elderly themselves should also bear part of the responsibility for some of their own inappropriate behaviors, such as approaching the dog rashly and retreating carelessly. Therefore, the court finally ruled that the dog owner should bear 70% of the responsibility, not all of the responsibility, and also considered the responsibility for the elderly's own behavior.
Let's reflect on our responsibilities as pet breeders or stewards. Breed pets to choose a docile breed, and from an early age to standardize training to avoid aggression. When walking pets in public places, be sure to tie them on a leash and never let them run around at will.
Keep a certain distance from your pet, and stop any situation that may cause discomfort to your pet. When there is a dispute with others, as a pet owner, you must take the initiative to provide evidence to prove that you are not at fault, and you cannot simply shirk responsibility.
From the social level, the relevant departments should also strengthen the obligations and responsibilities of regulating and guiding pet owners. For example, the establishment of a pet registration system, clear prohibition of pet public places,
Increase legal publicity and guidance for pet owners. Raise the awareness of self-protection of the elderly, pay attention to the surrounding situation in public places, and take the initiative to stay away from places that may be dangerous.
It makes people reflect on their responsibilities as pet owners and reminds people that they should actively prevent and avoid the harm that pets can cause. Only when breeders correctly understand their responsibilities, establish sound breeding management measures, and cultivate civilized habits of raising pets with other citizens, can pets truly become good partners in our lives.
The whole network has been opened to protect rights and carry plagiarism reports