Recently, a heart-wrenching tragedy occurred in Xinye County, Nanyang, Henan Province, where a four-year-old boy was severely bitten by a husky on his way home from school, and then died in the hospital after several days of treatment due to deterioration of his condition.
The boy's mother, Ms. Fan, continued to update the progress of the incident on the video platform, which attracted widespread attention from all walks of life.
It is understood that on the day of the incident, the boy and his grandmother were suddenly attacked by a dog while passing by a road, and the boy was severely bitten in multiple places on his face, neck and legs.
The family rushed the child to the hospital for treatment, and despite the timely vaccination against rabies and rabies immune globulin, the boy's condition deteriorated rapidly and eventually passed away.
The incident has sparked public concern about the management of stray dogs and public safety. The aggressiveness of large pet dogs has become a major hidden danger in the city, which will not only pose a threat to people's lives, but also affect the city's health environment and public order.
Therefore, strengthening the standardized management and prevention and control of pet dog adoption is one of the important measures to maintain urban public safety.
Legal analysis
According to the relevant provisions of the Tort Liability Law of the People's Republic of China, if the raised animal causes damage to others, the animal keeper or manager shall bear tort liability. However, in this case, since the owner of the dog has not yet been found, it is not possible to directly pursue his legal responsibility. However, this does not mean that the relevant authorities can shirk their responsibilities. As a provider of public services, the government has the responsibility to strengthen the management and prevention and control of stray dogs to reduce the occurrence of similar incidents.
Reflection on social responsibility
The community should strengthen the management of pet dogs. As a friend of humans, dogs can bring joy as well as safety hazards due to poor management. The community should formulate strict regulations on the management of pet dogs, capture and deal with stray dogs in a timely manner, and regulate the behavior of raising dogs.
Parents should strengthen the supervision of their children. In this case, although the boy received timely treatment after being bitten, the negligence of the parents also contributed to the tragedy. Parents should educate their children to stay away from strange dogs and take better care of them when they go out.
For such incidents, the lawyer advises:
Parents should contact a lawyer as soon as possible to understand the relevant legal liabilities and compensation matters, and fight for the legitimate rights and interests of the boy.
The community should strengthen cooperation with the public security organs to jointly strengthen the management and supervision of pet dogs.
Relevant departments should strengthen the capture and handling of stray dogs and ownerless dogs to reduce potential safety hazards.
In such cases, the definition of legal liability is usually guided by the following principles:
Principle of Entity Responsibility: This means that the subject of the illegal act should be held liable for its illegal acts. In such dog bite incidents, if the owner of the dog is found, then the dog owner, as the manager and keeper of the dog, should be responsible for the behavior of his dog.
Because the owner of the dog has an obligation to ensure that his dog does not cause harm to others, such as failing to effectively manage the dog or failing to take the necessary safety measures, resulting in the dog biting another person, then the owner needs to be held liable.
Principle of illegality: This principle emphasizes that the definition of legal liability should be based on the facts of the violation.
In such incidents, if the dog owner commits an illegal act, such as failing to effectively manage the dog or failing to take the necessary safety measures, resulting in the dog biting another person, then the dog owner should be held legally responsible.
Principle of causation: Before determining the liability of the perpetrator for violating the law, it must first be confirmed that there is a causal relationship between the actor's conduct and the result of the harm or damage. In such incidents, it is necessary to prove that there is a causal link between the behavior of the dog owner and the death of the boy, i.e., the misconduct of the dog owner (e.g., failure to effectively manage the dog) directly led to the damage to the boy.
This tragic incident makes us deeply saddened and regretted. No matter how deeply the police investigate, no matter how much they eventually find out whether the dog is a stray dog or a pet dog, and take appropriate measures to deal with it, we cannot change the fact that an innocent child has left us forever, and a family is plunged into deep grief as a result.
However, in the face of such a tragedy, we cannot just bask in endless grief. It's never too late to make amends. We must learn from this and take action to prevent similar incidents from happening again. The government, society and individuals should all shoulder their responsibilities and work together to contribute to the harmony and stability of the city.
Government departments should step up patrols and capture of stray dogs to ensure that these stray animals no longer pose a threat to the public. At the same time, they also need to strengthen publicity and education for the public, improve everyone's awareness of the management of pet dogs, as well as the awareness of the dangers of stray dogs and the awareness of prevention. Only by making everyone aware of their responsibilities and obligations can the occurrence of such incidents be fundamentally reduced.
In addition, the government should also establish and improve relevant laws, regulations and institutional systems, and clarify the responsible entities and legal responsibilities. For legal disputes caused by incidents of dogs injuring people, there should be a clear legal basis to guide the handling. This can not only protect the legitimate rights and interests of the victims, but also allow the perpetrators to receive the punishment they deserve, thus serving as a warning.
Each of us is a member of society and should contribute to the harmony and stability of the city. Let's start with ourselves, improve our awareness of self-prevention, care for the animals around us, and jointly create a safe and harmonious living environment.