On November 17, there were two pet injuries in Tongling City in one day.
One is Miss Lin's report. When her brother passed by the street shop, he thought that the pet dog tied to the door was cute, so he went up to touch it, and did not want to be bitten by the puppy coldly. The wound on the finger is obvious and requires rabies vaccination. But Grandma Zhao was reluctant to bear the medical expenses, on the grounds that her dog was leashed well, and Xiaolin herself had to touch it.
The other occurred on the afternoon of the 17th. Mr. Wu's son was in the elevator and was scratched by a pet cat. After the parents found out, they immediately took the child to be vaccinated, and at the same time, the police called the police to find the cat owner through the community monitoring. With the assistance of the police, the cat owner Miss Cheng was found. After understanding the situation, Miss Cheng was very cooperative and willing to bear all the medical expenses.
For this news, a friend was curious to come and ask me. Miss Cheng's cat did not take care of it, hurt people, of course, to compensate. And Grandma Zhao's dog, obviously leashed very well, is the child himself to provoke the dog, the result was bitten. In this case, does Grandma Zhao still use compensation?
At first glance, the question seems to make a lot of sense. Grandma Zhao was indeed wronged, obviously it was the fault of the other party, why should the master bear the responsibility?
But is this really the case? The problem of pet hurting people to determine responsibility seems easy. If you dig deeper, it is really not clear in one or two sentences.
In this article, I will combine cases and use the form of mind maps to sort out several situations in which pets hurt people and how to determine responsibility.
Strive to use an article to summarize the common forms of pet injury and responsibility for everyone, for the reference of the majority of shovelers and pet lovers.
A mind map of pets hurting people and condemning people
I'll explain this in detail:
(1) In general, the "principle of no-fault liability" applies
Case: 10-year-old Xiao Wei and 8-year-old Tiantian often go home together after school, one day, Tiantian told Xiao Wei that the neighbor Grandma Zhang's family bought a big dog, very fierce, want to take a detour home, Xiao Wei advised Tiantian not to worry, saying that the big dog was tied to the chain, don't be afraid. When the latter two passed by the door of Zhang's house, the big dog suddenly jumped off the dog chain and rushed out to bite the child. How should the parties be held liable in this case?
Article 78 of the Tort Liability Law stipulates: "Where an animal raised causes damage to others, the animal breeder or manager shall bear tort liability, but 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." ”
Analysis: For pet injuries under normal circumstances, China's law establishes the principle of no-fault liability. That is, when an accident occurs, regardless of whether the breeder or manager is at fault, it must bear legal liability, and only by proving that the infringed person was intentional or grossly negligent, can the liability be reduced.
In this case, the two children did not have any dog-teasing behavior, and although the possible risks were foreseen, the two children had no obligation to avoid it. The dog broke free of the chain, which is the damage caused by the owner's mismanagement, and should be compensated.
In this case, if the dog owner leashs the dog well and manages it properly, it is the child who takes the initiative to provoke the dog and causes the dog to be bitten. Dog owners can apply for a mitigated punishment depending on the situation.
(2) Unchained, applying the "principle of absolute no-fault liability"
Case: Last year, there was a female Internet celebrity in Zhejiang who walked her dog without a leash, causing the puppy to suddenly pounce on a pregnant woman. The pregnant woman's husband saw the situation and decisively kicked the dog away. Female Internet celebrities do not spare, constantly accusing pregnant women's husbands of kicking dogs. During the conflict, the pregnant woman fell to the ground with shortness of breath and was rushed to the hospital. At that time, it caused a widespread discussion on the Internet.
Article 79 of the Tort Liability Law stipulates: "If the animal fails to take safety measures in violation of management regulations and causes harm to others, the animal keeper or manager shall bear tort liability." ”
Analysis: In this case, the female influencer undoubtedly bears full responsibility. Walking a dog without a leash is a failure to take safety measures for pets, and the "principle of absolute no-fault liability" applies. That is, whether the other party is at fault or not, the master is responsible.
(3) Tibetan mastiffs injure people, and the "principle of absolute no-fault liability" applies.
Case: 7-year-old Shen Hao's family lives in Ganquan County, living next to Wang Hong's family, and usually gets along harmoniously. One weekend afternoon, Shen Hao was playing alone in his yard, and the Tibetan mastiff raised by the Li family suddenly bit off the rope and rushed out of the wooden fence, biting Shen Hao, causing serious skin tears in many places such as his left chest.
Article 80 of the Tort Liability Law stipulates: "Where dangerous animals such as fierce dogs that are prohibited from breeding cause harm to others, the animal breeder or manager shall bear tort liability." ”
Analysis: Raising dangerous animals, such as raising venomous snakes for the elderly. Because the animal is aggressive and difficult to control, in this case, regardless of whether the owner has taken safety measures against the animal, and whether the other party has provoked behavior, as long as the injury is caused, the animal keeper or manager should bear the liability for compensation. Therefore, for this accident, the Li family needs to bear full responsibility.
(4) If the third party is at fault, the pet owner shall also bear joint and several liability
Case: Xiao Wan was walking the dog downstairs, Xiao Li saw it and went to tease the dog, smashed the dog with a stone, the dog was provoked and uncontrollably, broke free of Xiao Wan's dog leash, but bit Xiao Wang. At this time, how should the dog owner Xiao Wan and Xiao Li who smashed the dog be held responsible?
Article 83 of the Tort Liability Law stipulates: "If the animal causes damage to others due to the fault of a third party, the infringed person may request compensation from the animal breeder or manager, or from the third party." After the animal breeder or manager has compensated, he has the right to recover compensation from a third party. ”
Analysis: This provision is actually a re-emphasis on the responsibility of pet owners, if the pet hurts people, even if it is the fault of a third party, the owner is also responsible. In the above case, Xiao Wang can ask Xiao Li for compensation, and he can also ask Xiao Wan for compensation. As a dog owner, Xiaowan is jointly and severally liable. However, since the occurrence of the accident was Xiao Li's fault, after compensation, Xiao Wan had the right to recover from Xiao Li.
(1) Zoo animals injure people, and the "presumption of fault principle" applies
Case: In 2016, at Beijing Badaling Wildlife Park, two female tourists who drove into the park violated zoo regulations and opened the door and got off the bus in the beast area, resulting in a tiger attack, resulting in 1 death and 1 injury.
Article 81 of the Tort Liability Law stipulates that "if the animals of the zoo cause damage to others, the zoo shall bear the tort liability, but if it can be proved that the management duties have been fulfilled, it shall not be liable." ”
Analysis: In the zoo, many people like to feed animals with food such as biscuits, or use bamboo poles and sticks to tease animals, in many cases they are at fault for the occurrence of danger, so for animals raised in zoos to cause damage, the law adopts the principle of presumption of fault.
That is, when an accident occurs, the law presumes that the zoo is at fault and should bear tort liability, but if the zoo can prove that there was no fault in the process of operation and fulfilled its management duties, it is no longer liable.
The tiger injury incident at Badaling Zoo is the point of controversy here. Because many people believe that tourists break the rules and get off the bus without permission, which eventually leads to the tragedy, they should take responsibility for themselves.
Some people also believe that the zoo actually does not have effective disposal measures, the pre-signed exemption agreement can not completely exempt the responsibility, tourists get off the car of course there is a mistake, but whether the zoo should take into account that tourists in the process of touring, there may indeed be urinary urgency, flat tires or some other special circumstances.
For the early warning measures of special circumstances, the zoo actually did not do enough, in the breeding of Siberian tigers such as highly dangerous animals, the zoo is necessary to take effective protective measures, after the accident, can minimize casualties, from this point of view, the zoo did not fulfill its management duties.
(2) Stray animals injuring people shall apply the "principle of no-fault liability"
Case: Lao Bai had a dog, but this dog was not very obedient, often causing trouble for Lao Bai, and later Lao Bai abandoned him when he walked his dog once. Later, the abandoned puppy, scurrying around, bit the neighbor Old Li. Old Li led the dog to the door and demanded compensation from Lao Bai.
Article 82 of the Tort Liability Law stipulates that "if an abandoned or escaped animal causes damage to others during the period of abandonment or escape, the original animal keeper or manager shall bear tort liability." ”
Analysis: Lao Bai is definitely obliged to compensate Lao Li. Many stray animals arise due to poor care by their owners, or even deliberate abandonment. In this case, it is actually equivalent to the pet owner not taking safety measures for the pet. Therefore, the law holds that the owner of abandoned pets should bear full responsibility.
(1) Remember a sentence: no matter what the reason, in most cases, once the pet hurts someone, the owner is responsible
Although in the previous article, some of the situations in which the owner can be exempted. But in lawsuits arising from pet injuries, almost all owners are more or less liable. Mainly because it is difficult to define exactly whether there is fault or not. The master has to prove that he is completely blameless, and the responsibility lies with the other party, and the process of proof is quite difficult.
Grandma Zhao in wenchu news belongs to this example. Although Grandma Zhao leashed the dog, she knew that the dog might hurt people, but she leashed it to the crowded street, causing the child to be bitten, which she must be responsible for. It's just that strictly speaking, she is on a leash, and the other party is also negligent, which can be regarded as a condition for applying for a mitigated punishment, but it is never exempt from responsibility.
So don't think that as long as you tie the rope, you have no responsibility. We must always pay attention to safety, try to stay away from places where there are more elderly people and children, and avoid unnecessary trouble.
(2) Do not keep dangerous animals
Unless there is a special reason, do not raise dangerous animals such as venomous snakes, crocodiles, etc. Including Tibetan mastiffs, hounds, etc. must go through the breeding review procedures in accordance with the requirements of the relevant departments, and strictly perform various safety measures.
In short, pets should be kept according to their own situation, unless there is a special need, do not "do".
(3) Dogs must be tied to a leash, and dogs should be abandoned with caution
It goes without saying that dogs must be leashed. At the same time, it should be noted that if you do not want to have a pet, do not discard it at will. As has been analyzed above, the owner needs to bear full responsibility for the abandonment of pets that hurt people, regardless of the reason.
Therefore, once you have a pet, it is best to take care of it to the end. In case you don't want to keep it for a last resort, you can give your pet to a friend or to a pet rescue station, pet love store, etc. Over the years, there have also been many pet adoption websites and forums on the Internet, where you can find friends who are willing to accept adoption.
In short, even if you don't want to have a pet, you must find a responsible home for your pet.
Over the years, the social economy has developed rapidly, and the pace of urban life has become faster and faster. High-rise buildings of reinforced concrete bear witness to the rise of the city, but the cold building forest seems to be blocking the bond and warmth between people.
The more you go to the big city, the more indifferent people become. To be precise, it should be that the more developed the economy and the faster the pace of life, the more indifferent the bond between people.
I studied in Japan ten years ago. At sunset, there are always many elderly people walking alone in Tokyo's major parks, leading dogs.
At that time, I also lamented that although Tokyo is very developed in terms of material level, people's spiritual life is really not as happy as our country.
Over the years, however, I have inadvertently noticed that there are more and more people walking dogs alone in the city where I live.
Perhaps this is the inevitable result of the development of urban civilization. Life is becoming more and more convenient, mobile phones are getting stronger, but at the same time, there are fewer and fewer opportunities for people to connect with each other, and people in cities are becoming more and more lonely.
So many friends choose to have pets. There was no one to accompany, at least there were dogs. But since you have decided to keep it, you can't just enjoy the healing and warmth that the dogs brought in the beginning, and forget about their responsibility.
As the old saying goes, be careful what you want to do.
That's true of being human, and the same is true of dogs.