Recently, the Caohe Court of the People's Court of Qichun County, Hubei Province accepted a case of raising animals to cause damage, the owner of the pet dog due to the failure to fulfill the management constraint obligations, the pet dog crossed the road and caused a traffic accident resulting in injuries to others, who will bear the responsibility?
In the early morning of one day in August 2023, Xiao Ming drove a two-wheeled motorcycle on the highway after work, but when he passed by Xiaohui's store, he happened to encounter a Samoyed dog running and crossing the road. After being diagnosed by the hospital, Xiao Ming's left clavicle and multiple ribs were fractured, and he was injured in many places all over his body. According to the forensic evaluation, although Xiao Ming did not constitute a disability, the follow-up fee still needs more than 10,000 yuan. After the incident, Xiao Ming reported to the police, and the traffic police department found out that the Samoyed dog was a pet raised by Xiao Hui, but whether the pet dog was in contact with the motorcycle could not be clarified, and the traffic police department issued a road traffic accident certificate to record the incident. Xiao Ming found Xiao Hui many times afterwards to negotiate compensation, but failed to reach an agreement, so Xiao Ming sued the pet dog owner Xiao Hui in court, demanding compensation of more than 50,000 yuan for various losses. In court, Xiaohui admitted that the Samoyed dog involved in the case was raised by himself, but he argued that because the customer went out that day, the unleashed Samoyed dog suddenly rushed out of the door, but it was not certain whether the dog had contact with the motorcycle, and Xiao Ming himself was also responsible for the entire accident. The judge patiently replied to Xiaohui that the danger of keeping animals does not only refer to injuries caused by direct contact. In the event of a traffic accident between a pet dog and a person, contact or collision cannot be used as the only element to determine the responsibility of the accident, even if it causes fright to others, it is one of the dangers. There is a causal relationship between Xiao Ming's damage and Xiao Hui's pet dog suddenly crossing the road, and Xiao Hui, as the keeper of the pet dog, failed to fulfill reasonable management obligations, and he could not prove that the infringed party Xiao Ming had intent and should be liable for compensation. In the end, after court mediation, the two parties reached an agreement, and Xiaohui compensated Xiao Ming for medical expenses, lost work expenses, nursing expenses and other losses on the spot150,000 yuan, the two shook hands and made peace. What the judge said
With the improvement of people's living standards, the number of people who have pet dogs is increasing. Traffic accidents caused by pet dogs injuring people occur from time to time, and this case is a traffic accident caused by the keeper not tethering the dog to effectively manage the pet dog. Here, we remind the majority of pet dog breeders to abide by the law and civilized conventions, to restrain the management of dogs, and to tie the dog leash when carrying pet dogs out, so that they are under their own supervision, so as to avoid pets hurting people and being injured, and build a harmonious society. Links to legal provisions
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: 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. Article 22, Paragraph 1 of the Road Traffic Safety Law of the People's Republic of China Motor vehicle drivers shall abide by the provisions of road traffic safety laws and regulations, and drive safely and civilly in accordance with the operation specifications. **China Court Network.