[Case Playback].
Chen and Huang are a pair of neighbors, and Huang has a wolf dog at home. On January 3, 2023, Chen rode a bicycle past the door of Huang's house, but Huang's dog rushed out of the door and bit Chen's calf, causing Chen's calf to be injured and went to the hospital for **. Later, Chen asked Huang to pay the medical expenses, but Huang refused, and Chen sued the court. After the trial, the court held that the dog raised by Huang was a fierce dog, and he did not apply for a dog license and did not wear a leash, which caused the dog to bite Chen, so Huang, as the keeper of the animal, should bear the corresponding liability for compensation, and the court sentenced Huang to compensate Chen for various losses totaling RMB 2,000 in accordance with the law.
[Lawyer on Law].
According to Article 1245 of the Civil Code, "if a raised animal causes damage to others, the animal keeper or manager shall bear tort liability; However, if it can be proved that the damage was caused intentionally or by gross negligence on the part of the infringed party, the liability may be waived or mitigated. Article 1246 stipulates: "Where a person violates management regulations and fails to take safety measures for animals and causes damage to others, the animal keeper or manager shall bear tort liability; However, if it can be proved that the damage was intentionally caused by the infringed party, the liability can be mitigated. ”
In this case, Huang kept a wolf dog at home, and his neighbor Chen was bitten by the dog when he rode a bicycle to the vicinity of Huang's house, and Chen went to the hospital for epidemic prevention injections five times, but Huang, as the owner of the dog, did not pay the medical expenses and did not apologize. After investigation, the dog raised by Huang was a fierce dog, and he did not apply for a dog license and did not leash the dog or take other safety measures, so if the animal raised by Huang caused damage to others, Huang, as the animal keeper, should bear tort liability, and the court made the above judgment in accordance with the law and supported the plaintiff's claim.
[Lawyer reminds].
Raising pets has become popular, but on the basis of pet care, you should also use leashes in accordance with the regulations, civilized breeding, and avoid unnecessary legal disputes!