With the development of the times, pets have gradually entered every household and become a member of the new type of residents, and raising pets such as cats and dogs has increasingly become a part of residents' lives. Cute "hair children" not only bring fun and companionship to people's lives, but also allow people to relax after a busy daily life.
But at the same time, animals do not have human thinking and reason after all, and need to be properly managed by their owners, otherwise they may cause certain damage, ranging from "demolition" to personal injury. So, when a pet causes harm to others, how should responsibility be determined? Today, Mr. Han of Shanghai Dongdao Law Firm has come to analyze with readers the legal responsibilities of owners in pet injury cases.
<h1 class="pgc-h-decimal" data-index="01" > case description:</h1>
(2021) Hu 0109 Min Chu No. 1846 Raised Animal Damage Liability Dispute Case
The plaintiff, Zeng Yongxiang, was a takeaway delivery man. On the afternoon of July 26, 2020, the plaintiff delivered food to defendant Shen Yannian to the residence of XXX Lane, Liyang Road, and Zeng Yongxiang placed the takeaway food at the door of his room and immediately went out of the door, and was encountering Shen Yannian leading three dogs into the door, one of which bit the plaintiff.
The plaintiff called the police after the injury, and went to the Shanghai Fourth People's Hospital for treatment on the same day, the medical history recorded, physical examination: left calf saw a 2 * 3cm dog bite wound, local redness and swelling. Diagnosis: multiple animal bites.
Accordingly, the plaintiff demanded that the defendant compensate him for medical expenses of RMB1,523, lost work expenses of RMB10,000, consolation payments for mental damage of RMB10,000 and attorneys' fees of RMB7,000. The defendant argued that his dog had not bitten the plaintiff and did not agree to the claim for compensation.
<h1 class="pgc-h-decimal" data-index="02" > verdict:</h1>
After trial, the court confirmed in conjunction with various evidence that the defendant Shen Yannian violated the regulations on the management of raising animals and failed to take safety measures against the dogs he raised, resulting in the consequences of his biting and injuring the plaintiff, and should bear the tort compensation liability.
Based on the facts of the case and the plaintiff's injuries, the court reasonably determined that the plaintiff's losses were medical expenses of RMB1,523, lost work losses of RMB4,790, and attorneys' fees of RMB2,000, and finally ordered the defendant to compensate the plaintiff rmb8,313 within 10 days from the effective date of the judgment.
<h1 class="pgc-h-decimal" data-index="03" > Host Comment: Principle of Liability for Animal Damage</h1>
Damage caused by animals is a type of infringement and the provisions of the Civil Code on infringement apply. Accordingly, when an animal is raised that causes damage to others, the animal keeper or manager shall bear tort liability.
Unlike the general tort situation, the principle of no-fault liability applies to the damage caused by animals, that is, once the animal causes damage to others, the owner shall be liable for compensation regardless of whether the owner has intentional or negligent caused the loss. This is obviously a stricter legal requirement that owners must perform reasonable and conscientious management obligations for pets they keep.
At the same time, in order to avoid the excessive development of the no-fault principle, the Civil Code also stipulates that the damage caused by animals is negligent, that is, it can be proved that the damage was caused by the intentional or gross negligence of the infringed person, and the owner can not bear or reduce the liability.
<h1 class="pgc-h-decimal" data-index="04" > legal link:</h1>
Article 1245 of the Civil Code Where 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.
Article 1246 of the Civil Code: 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 Where dangerous animals such as fierce dogs are prohibited from breeding cause harm to others, the animal breeder or manager shall bear tort liability.
<h1 class="pgc-h-decimal" data-index="05" > This article was originally written by Han Jiaxing, a lawyer from Shanghai East Law Firm. </h1>
Mr. Han Jiaxing is a member of the China Law Society, focusing on criminal litigation/criminal compliance contract disputes/labor disputes/marriage and family/company consultants.
Success Stories:
(1) In a contract fraud case in Songjiang, Shanghai, the procuratorial organ did not approve the arrest and was successfully released on guarantee pending further investigation;
(2) In the case of fraud by a well-known enterprise in Putuo, Shanghai, the procuratorial organ made a decision not to prosecute;
(3) A particularly large fraud case in Xuhui, Shanghai, and finally sentenced to a suspended sentence;
(4) In a case of intentional homicide in Baoshan, Shanghai, compulsory treatment was imposed without criminal punishment;
(5) In a case of forging official documents of a state organ in Tongzhou, Beijing, the procuratorial organ did not approve the arrest and successfully released on guarantee pending further investigation;
(6) In the contract fraud case of an enterprise in Linhai, Zhejiang, it was released after the judgment and "reported and sold".
Welcome to share your views with Shanghai Dongdao Law Firm in the comment area or private message!