Painted by Li Jiliang
Tianshan.com - Xinjiang Legal Daily reporter Gu Xueli Correspondent Gu Linur, Ruzile, waiting for wood in the west, external force
Xiaowei, a student in Bachu County, was playing with his good friend Xiaoliang on a bicycle on a rural road when he was bitten by a sudden dog. The dog owner thinks that his dog is tied, and the child's parents should bear the main responsibility for the child's bite caused by the poor supervision of the child's parents. The two sides have great differences in compensation, and finally go to court.
Case: Happy trip was bitten by a dog
On the afternoon of March 19, 2022, Xiao Wei and Xiao Liang came to a village in Bachu County for a ride. When they passed the water pump house near a farm in the village, a dog suddenly came out and bit Xiao Wei on his right calf. The two children were frightened by the sudden scene, and Xiao Liang could not help them. Xiao Wei struggled to escape from the dog's mouth. At this time, Xiao Wei's right leg has been bitten by the dog and scarred.
After that, Xiaowei was sent to the hospital by his parents for treatment. According to the judicial appraisal, Xiao Wei's parents paid more than 30000 yuan in medical expenses for the injury of the great saphenous vein of his right calf, the rupture of the right saphenous nerve, and the open wound of his right calf caused by the dog bite.
During the trial, the dog owner Abu said that he had contracted farmland in a village, and for the purpose of taking care of the water pumps and other equipment around the farmland, he kept a local dog with an iron chain in front of the pump house. This measure was also required by the relevant departments. He believes that the home of the two children is not nearby, but in the county town dozens of kilometers away. The child's bite has a lot to do with the child's parents' lack of supervision, and he should bear secondary responsibility.
Saying: Tie the rope and bear the responsibility
Where is the position of tying the dog? Did the dog owner take necessary prompt measures?
Article 1245 of the Civil Code of the People's Republic of China stipulates: "If an animal raised causes damage to another person, the animal keeper or manager shall bear tort liability; however, if it can be proved that the damage was caused by the infringee's intent or gross negligence, the liability may not be borne or mitigated."
In this case, the court verified that Abu tied his dog to a poplar tree with a rope of 10 meters long, and the scope of Abu's dog ownership actually exceeded the scope of his management of farmland pump house. When Xiao Wei and his wife walked to the dirt road near the water pump house, they did not notice the dog because of the complicated outdoor environment, so they were bitten by the dog without any precaution.
The court held that when Xiaowei was attacked by a dog, the dog was left unattended, and although the dog was tied with a rope, Abu did not set up safety warning signs around the pump house. That is to say, he did not fully fulfill his duty of cautious control over the dogs he raised. As the animal keeper and manager, Abu should bear the corresponding tort liability for the personal damage caused by Xiao Wei.
However, the road section Xiaowei and Xiaoliang passed by in the case was relatively remote, which was not their route in general. As Xiaowei's guardian, Xiaowei's parents let their children go out on their own, causing the children to be in danger, and did not fulfill their guardianship responsibilities.
In combination with the actual situation of the case, the court decided that Abu should bear 80% of the liability for damages and Xiao Wei should bear 20% of the liability himself.
Therefore, Abu has paid some compensation to Xiao Wei before and after the incident. In March 2023, the court ruled that Abu should compensate Xiao Wei for more than 15000 yuan of personal damages.
The judge reminded:
The breeder or manager shall bear no fault liability for the damage caused by raising animals, that is, as long as there is an animal injuring act, the result of the damage and the causal relationship between the two, whether the breeder or manager is at fault or not, they shall bear the corresponding civil liability for compensation. Only when there are legal defenses can the injured be exempted from liability in whole or in part. For example, if the injured person has a major fault, the breeder or manager should provide evidence. The breeder or manager does not have any right of defense to mitigate or exempt from liability for damage caused by dangerous animals (dogs, etc.) prohibited from breeding.
Therefore, in the process of raising dogs, the breeder or manager should abide by laws and regulations, be aware of the responsibility for damage to the animals, enhance the awareness of danger prevention, strictly restrict the behavior of raising dogs, use dog ropes, dog chains and other tools to properly control the dogs when carrying them out, and strictly perform the obligations of management and care.
(All parties in the text are pseudonyms)
[Editor in charge: Zhao Jing]
