Dogs are not only good friends of humans, but also good helpers of caretakers, but bites others also occur from time to time, and the animals raised cause damage to others, and the keeper should bear the corresponding tort liability. Recently, the Penyao Court of the Xiping County People's Court heard a dispute over liability for damage caused by raising animals.
Basic facts of the case
Zhao was bitten on the leg by his neighbor Guo's dog on the way out to take out the garbage, and Guo said at the time that the epidemic prevention expenses would be settled by him with bills. Zhao was injected with rabies vaccine 5 times, injected rabies immunoglobulin 6 times, and handed over 5 copies of the injection ticket to Guo. Afterwards, Zhao urged Guo for medical expenses, but Guo denied that his dog had bitten Zhao and refused to pay compensation to Zhao. Zhao sued Guo to the Xiping County People's Court, demanding that Guo immediately pay his medical expenses. After the trial, the court held that it was a fact that Guo's dog bit Zhao, and that the defendant Zhao had failed to fulfill his reasonable duty of care for the dog he raised, and combined with the medical bills provided by the plaintiff Zhao, the defendant Guo was sentenced to compensate the plaintiff Zhao for medical expenses of 823$5.
What the judge said
If the animal is injured by raising animals, the keeper or manager shall bear the liability of no fault, that is, as long as there is an act of harming the animal, the result of the damage and the causal relationship between the two, regardless of whether the keeper or manager is at fault, it shall bear the corresponding civil liability. Liability may only be exempted in whole or in part if there is a statutory defence, but the keeper or manager will need to prove it. In this case, the plaintiff was bitten by a dog, and the defendant agreed that the plaintiff should pay compensation by the plaintiff in advance, and the defendant agreed to compensate the plaintiff in several negotiations for several months after the incident, and the defendant should follow the principle of good faith and fulfill its obligations in accordance with its commitments.
Incidents of damage caused by raising animals are not uncommon, and in most cases, the keeper does not take strict care of the animals he raises and fails to fulfill his management and care obligations. Breeders should strengthen the management and restraint of raised animals, take safety measures such as wearing ropes when taking animals out, and appropriately limit the range of activities of animals when they are stocked at home, so as not to cause unnecessary injuries and losses.
Links to legal provisions
Article 7 of the Civil Code of the People's Republic of China: Civil entities engaging in civil activities shall follow the principle of good faith, uphold honesty, and abide by their commitments.
Article 1179 of the Civil Code of the People's Republic of China Anyone who infringes upon another person's personal injury shall be compensated for reasonable expenses such as medical expenses, nursing expenses, transportation expenses, nutrition expenses, and hospital meal subsidies, as well as the loss of income due to lost work. where disability is caused, compensation shall also be made for the cost of assistive devices and disability compensation; If death is caused, funeral expenses and death compensation shall also be compensated.
Article 1245 of the Civil Code of the People's Republic of China: Where raised animals cause harm 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 of the Civil Code of the People's Republic of China: Where management provisions are violated by failing to take safety measures against animals and causing harm 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. (*Xiping Court, text: Jiang Fan, Wang Jiayu).