Vichen. Friends who have dogs, let's think about the following questions:
If someone teases a dog and is scratched by a large dog that is forbidden to be raised, will the keeper be held liable? - The answer is yes. It is forbidden to raise dogs to injure people, and even if the victim is at fault, the owner still bears full responsibility.
Someone was frightened and fell down because of the big black dog chasing the battery car, and the knee joint constituted a grade 10 disability, is the keeper responsible for the "non-contact injury"? - Also. In addition to direct contact behaviors such as biting and scratching, if the dog is close to others barking, sniffing or chasing others, etc., causing physical injury, the breeder shall still bear the corresponding responsibility.
If a person is bitten by a dog and is injected with a rabies vaccine and is later found to be pregnant, should the keeper bear the costs of the operation if the pregnancy is terminated because of concerns about the adverse effects of the vaccine on the fetus? — Again. Taking into account the general social perception and taking into account social ethics, the people's courts provide more comprehensive protection for the infringed party.
On February 5, the Supreme People's Court released a typical case of injury caused by raising animals and held a press conference.
It is not difficult to see from the relevant cases that the conditions under which the keeper or manager can reduce or exempt the liability for the damage caused by the breeding of dogs are relatively strict. This also shows that raising dogs is also a "responsibility to raise" to a certain extent. Dog breeders and managers need to be soberly and fully aware that raising dogs is not a "casual trivial", and their own "very cute and cute" dogs are also potential "mobile hazards", and "believing that their dogs will not hurt people" is not advisable. Only by raising dogs in a civilized manner and in accordance with regulations can we avoid harming others and ourselves.
On the one hand, typical cases provide behavioral guidance for dog owners, guide them to fully understand their social responsibilities and legal responsibilities, and consciously abide by laws and regulations; On the other hand, it is conducive to unifying adjudication standards and resolving disputes in the application of law.
What is more prominent is that in past cases, it was mainly dangerous dog breeds such as fierce dogs that caused serious damage to people. In judicial practice, there is a controversy over whether the breeder or manager can claim mitigation or exemption from liability on the ground that the victim is at fault for causing damage to others caused by a fierce dog that is prohibited from being raised. This time, the Supreme People's Court adheres to the problem-oriented approach and focuses on important links, clarifying that the dog breeder or manager "has serious subjective fault" and should bear tort liability, and declares the concept that dog breeds are not allowed to be raised.
Speaking of vicious dogs hurting people, in October 2023, a Rottweiler dog in Chongzhou, Chengdu, Sichuan Province bit a 2-year-old girl, and the dog catching turmoil caused by it is still vivid. It should be noted that the Rottweiler that hurts people does not appear in the list of prohibited fierce dogs in Chengdu, but in Mianyang, Shanghai, Guangzhou and other cities, it is listed as a restricted breed or prohibited breed. As for what protection should be done when carrying fierce dogs and large dogs out, some places require dogs to wear muzzles, and some do not make regulations. This means that from the upstream dog breeding, sales and other links, there are regional differences in whether the circulation of Rottweiler dogs in the market meets the regulations, and if the breeder can continue to buy the forbidden fierce dogs from the market, the tragedy will be difficult to eliminate; From the perspective of downstream accountability, whether the breeder raises a prohibited dog also affects the distribution of responsibility.
Some experts have suggested that many incidents of vicious dogs hurting people can be traced back to the source, so it is necessary to establish a systematic supervision mechanism from the birth of dogs to the sale and breeding, rather than "starting to tighten when it reaches the stage of raising pets". This time, the dog owners put on the "tight mantra", coupled with the fine management of the entire industrial chain, may be able to improve the efficiency of dog management.
All in all, whether it is to guide breeders not to let dogs "scatter joy", or to unify the adjudication standards, more detailed provisions need to be made for deeper local dog regulations, differences in the list of prohibited dogs, and industrial chain norms.