"My dog ​​doesn t bite people"? If an owner walks his dog without a leash, the consequences will be serious...

Many people like to keep cats, dogs and other small animals as pets. However, in urban life, disputes often occur due to walking dogs without leashes, pets being frightened or biting people. If these incidents occur, do pet owners or animal managers have to compensate? How should specific responsibilities be determined? How can we prevent animals from causing harm to people?

Recently, the Gongshu Court concluded a case involving a dispute over liability for animal damage. The animal owner failed to take good care of his pet dog and caused injuries, and was ordered to compensate the victim 8,117.01 yuan.

The uncle walked the dog without a leash

The dog bit the aunt severely

Aunt Ye was the live-in nanny of a residential owner in Hangzhou. One evening in May last year, Aunt Ye took the owner's puppy out for a walk as usual. There is an open space in the community where many pet-raising families walk their dogs and cats every day and exchange their pet-raising experiences with each other.

When Aunt Ye walked her dog to this open space, Uncle Wang from the same community also walked his daughter Xiao Wang's Migru here. After Uncle Wang walked to the open space, he untied the dog's leash and chatted with the acquaintances next to him.

"Uncle Wang, it's better to keep the dog on a leash!" A neighbor reminded him.

"It's okay. My dog ​​is very obedient and doesn't bite." Uncle Wang was very confident.

The dogs started playing with each other, and after a while, they heard a scream: "The dog bites, the dog bites!" Uncle Wang discovered that it was his Migru dog that bit Aunt Ye's elbow. Uncle Wang quickly stepped forward and pulled the dog away, but Aunt Ye's arm was already bleeding profusely.

The uncle was administratively punished,

but how to calculate the liability for injuries caused by pet dogs?

After the incident, Uncle Wang immediately sent Aunt Ye to the hospital. The hospital diagnosed her with a level three wound exposure and multiple injuries to her upper limbs. The wounds were cleaned at the outpatient clinic. Multiple wounds were visible on the back of her right elbow, reaching deep into the muscle layer, with local bleeding, redness and swelling.

After bandaging, treatment and rabies vaccination, Aunt Ye was discharged from the hospital and went home to rest. Uncle Wang paid 2,000 yuan for medical expenses in advance, and because he was walking his dog without a leash, the dog bit Aunt Ye. This violated Article 11, Item (7) of the "Regulations on Restricting Dog Breeding in Hangzhou". He was administratively punished by the Gongshu District Comprehensive Administrative Law Enforcement Bureau, revoked his dog breeding license, and fined him 3,500 yuan.

Uncle Wang and his daughter Xiao Wang returned the dog to their hometown after receiving administrative punishment. However, the Wang family and Aunt Ye were never able to reach an agreement on compensation. Aunt Ye contacted the Wang family many times to request compensation for medical expenses and lost wages. However, the Wang family felt that Aunt Ye was a "lion with a big mouth" and refused to pay compensation. For this reason, the two parties went to court.

No compensation for missing work for many days

Aunt Ye had no choice but to sue the pet owner

Aunt Ye said that Xiao Wang's Migru suddenly jumped on her and bit her, and asked Xiao Wang to compensate for medical expenses, transportation expenses, lost work wages for 23 days of missed work, totaling 10,326.87 yuan, and interest.

Defendant Xiao Wang said that his Migru dog was fighting with Aunt Ye’s dog, and Aunt Ye was bitten after holding her dog away. After the incident, Uncle Wang actively accompanied the plaintiff to seek medical treatment. As the owner of the dog, she was willing to bear corresponding responsibilities. However, Xiao Wang believed that the amount of compensation proposed by Aunt Ye exceeded the reasonable range and the two parties could not reach an agreement.

The Gongshu Court held after hearing that the dog raised by Xiao Wang caused damage to Aunt Ye, the Wang family should bear tort liability, and Aunt Ye's request for compensation should be supported. After comprehensive identification of relevant evidence,  the final verdict was made that defendant Xiao Wang should compensate plaintiff Aunt Ye for medical expenses, transportation expenses, and lost work expenses totaling 8,117.01 yuan. The judgment has now taken effect, and Xiao Wang has taken the initiative to fulfill his obligation to compensate.

Legal Article Link

Article 1,245 of the Civil Code of the People's Republic of China: If the raised animals cause damage to others, the animal keeper or manager shall bear tort liability; however, if it can be proven that the damage was caused intentionally or by gross negligence of the infringed party, the liability may be waived or reduced.

Article 1,246: If a person violates management regulations and fails to take safety measures for animals and causes damage to others, the animal breeder or manager shall bear tort liability; however, if it can be proven that the damage was caused intentionally by the person being infringed, the liability may be reduced.

Article 30 of the "Animal Epidemic Prevention Law of the People's Republic of China" clearly stipulates: Units and individuals raising dogs should be regularly vaccinated against rabies as required. Those who take dogs out of the house should wear dog tags as required and take measures such as tying the dog leash to prevent dogs from injuring people and spreading diseases.

The judge reminded

★ to keep a leash when walking your dog. As an animal breeder or manager, you should take responsibility for the control and management of animals, take effective safety protection measures, and manage your pets safely.

★ Individuals must fulfill their safety obligations and refrain from teasing or irritating animals. If there are warning signs around animals, they must stay away in time.

Warm Tips for Civilized Dog Raising in the Property Property

Dear Owners:

As the occupancy rate of residential areas continues to increase, owners are keeping more and more pets, and the phenomenon of uncivilized dog raising is also becoming increasingly prominent. Pets are not tethered and are walked freely in public places in the community. Dog poop is also discharged everywhere, causing environmental pollution in the community and worsening problems such as neighborhood disputes and noise.

A harmonious and civilized community environment requires everyone’s joint efforts to maintain it. Civilized dog raising starts with me. The Property Service Center warmly reminds dog owners and friends to raise dogs in a legal, civilized and scientific manner:

1 When you go out to walk your dog, please tie a leash to your dog to avoid disturbing others (especially the elderly, pregnant women, and children).

2 It is recommended that you do not raise large dogs and aggressive dogs to avoid scaring the elderly, pregnant women, and children and causing unnecessary harm..

3 Please go to the relevant departments to apply for a dog license in time, and vaccinate your dog regularly.

4 For the sake of the harmony of the community and to prevent your dog from being unable to find its owner when it gets lost in the community, please take the initiative to register your dog at the property service center and attach a photo of your dog. The property service center will create a pet file.

Strive to be civilized dog owners and build a harmonious new life together!