Compensation for dog bites, how to compensate for dog bites

Chapter 10 of the Tort Liability Law is the liability for damage caused by raising animals.

Article 78: Where raised animals cause harm to others, the animal keeper or manager shall bear tort liability, but where it can be proved that the harm was caused intentionally or by gross negligence on the part of the infringed party, responsibility may not be borne or mitigated.

Article 79: 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.

Article 80: Where fierce dogs or other dangerous animals that are prohibited from being raised cause harm to others, the animal keepers or managers shall bear tort liability.

You should find compensation from the dog's owner because he has not fulfilled his duty to take care of the dog and you have been injured by the dog's sneak attack.

Where a raised animal causes damage to others, the animal keeper or manager shall bear civil liability, and if the damage is caused by the fault of the victim, the animal keeper or manager shall not bear civil liability; Where damage is caused by the fault of a third party, the third party shall bear civil liability. Regarding the question of how to compensate for the compensation of dog bites, I will answer them in detail for you below.

1. How to compensate for dog bites

1. Sue the dog owner for damages, determine the fact of infringement of the dog owner through the court judgment, and reserve judicial evidence for rabies in the future. The specific compensation methods include compensation for medical expenses, compensation for lost work expenses, etc., 2. Legal basis: Civil Code of the People's Republic of China

Article 1245: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 failure to take safety measures against animals causes harm to others, the animal keeper or manager shall bear tort liability.

Article 1247:Where a fierce dog or other dangerous animal that is prohibited from being raised causes harm to others, the animal keeper or manager shall bear tort liability.

Article 1248? If a zoo's animal causes damage to others, the zoo shall bear tort liability; However, if it can be proved that the management duty has been fulfilled, it will not bear tort liability.

Article 1249:Where an abandoned or escaped animal causes harm to others during the period of abandonment or escape, the original keeper or manager of the animal bears tort liability.

Article 1250: Where an animal causes harm to others due to a third party's fault, the infringed party may request compensation from the animal keeper or manager, and may also request compensation from the third party. After the animal keeper or manager makes compensation, he or she has the right to recover compensation from a third party.

Article 1251: Raising animals shall comply with laws and regulations, respect social morality, and must not interfere with the lives of others.

Second, what is the scope of compensation for dog bites?

Where a citizen's bodily injury is caused, compensation shall be made for medical expenses, loss of income due to lost work, and living allowances for the disabled.

Being bitten to death by a dog should be compensated by the owner of the dog, and the scope of compensation includes all losses, including the money for rabies vaccine and globulin, other medical expenses, the money for the torn pants, and if there are other follow-up expenses, the follow-up medical expenses should also be compensated by them, and the transportation expenses, catering expenses, and nutrition expenses for medical treatment.

In daily life, when walking on the road, there will be a situation of being bitten by a dog, at this time you can ask the dog owner to compensate, but the law has clear provisions on the determination of relevant liability, if the victim deliberately teases the animal, causing himself to be injured, the dog owner will be exempted from the liability for compensation, otherwise the medical expenses, lost work expenses should be compensated.

Article 1245 of the Civil Code (effective as of January 1, 2021) If an animal raised 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. Judging from the provisions of this article, the principle of attribution of animal tort liability in China is the principle of no-fault liability. This article makes it clear that the owner or manager of the animal is exempted from liability if the victim willingly does so.

In the case of gross negligence, the liability of the animal keeper or the owner or the manager is relieved, and if damage is caused to the feeding of domesticated animals, the victim is grossly negligent, and in the case of domestic animals, it is ordinary negligence. Article 1246:Where management provisions are violated by failing to take safety measures for 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.

1. "Violation of management regulations" does not mean that civil liability must be borne, and "failure to take safety measures for animals" is the premise of civil liability.

2. According to the opinion of the Supreme Court, this article is mainly about animals entering public places.

3. If you have done your best to "take safety measures for animals" or cause damage to others, whether you are liable? According to the principle of no fault of animals for harming people, it seems that there is also responsibility. However, according to the hermeneutics of civil law, it should not be responsible for opposing the rules of interpretation.

Professor Yang Lixin agrees with the latter opinion, and I disagree, because if an animal injures a person, it can be presumed that no safety measures have been taken for the animal.

4. Many people have doubts about whether this article applies to negligence, and I believe that the provisions of the previous article should be applied. Article 1247 Where a fierce dog or other dangerous animal that is prohibited from being raised causes harm to others, the animal keeper or manager shall bear tort liability. Article 1248:Where zoo animals cause harm to others, the zoo shall bear tort liability; However, if it can be proved that the management duty has been fulfilled, it will not bear tort liability.

Article 1249:Where an abandoned or escaped animal causes harm to others during the period of abandonment or escape, the original keeper or manager of the animal bears tort liability. Article 1250: Where an animal causes harm to others due to a third party's fault, the infringed party may request compensation from the animal keeper or manager, and may also request compensation from the third party. After the animal keeper or manager makes compensation, he or she has the right to recover compensation from a third party.

Article 1251: Raising animals shall comply with laws and regulations, respect social morality, and must not interfere with the lives of others.

1. If a dog bites another person, as the keeper of the dog, you have the corresponding responsibility, according to the laws of our country, as an animal keeper, your dog bites another person in a shed, and you should bear tort liability, but if the dog bites someone is the other party deliberately teasing the dog, and there is gross negligence, you can reduce or not be liable. However, if you have a fierce dog, you will be liable for tort regardless of whether the other party is intentional or grossly negligent. Second, the expenses you need to bear for the dog bitten a person include:

Medical expenses, nursing expenses, transportation expenses, and other reasonable expenses for ** and **, as well as income loss due to lost work. If the disability is caused, compensation shall also be made for the cost of disability living aids and disability compensation. Among them, if the traces of the dog bite others will indeed cause scars to the other party, then you should also pay the beauty fee paid by the other party for the scar.

However, there is no legal basis for the other party to demand that you pay moral damages, and you can refuse to pay. 3. Although the other party was bitten by the dog you raised, the other party's expense claim is also within a scope, and there is no right to claim compensation for moral damages, and the other party requires you to pay medical expenses, lost work expenses, nursing expenses and other expenses must provide invoices to prove the base, if the other party spends beauty expenses in order to eliminate the scars left after the dog bite, then the other party should also submit evidence to prove.

Article 1174 of the Civil Code provides that if the damage is intentionally caused by the victim, the person who caused the damage in the chain of conduct shall not be liable. Article 1245: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.

Summary. Dear, hello, the general compensation standards for dog bites are as follows:1

Compensate for reasonable expenses such as medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospital meal subsidies, etc., as well as income reduced due to lost work; 2.Where raised animals cause harm to others, the animal keeper or manager shall bear tort liability. Generally, dog bites need to bear tort liability depending on the specific circumstances, and if it meets the requirements, it can be exempted from part of the liability.

I hope my answers help you. <>

<> how to compensate for dog bites.

Dear, hello, the general compensation standards for dog bites are as follows:1Compensate for medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospital meal subsidies and other reasonable expenses for reimbursement and reimbursement, as well as income reduced due to lost work; 2.

Where the raised animal causes harm to others, the animal keeper or manager shall bear tort liability. Generally, dog bites need to bear tort liability depending on the specific circumstances, and if it meets the requirements, it can be exempted from part of the liability. I hope my answers help you.

<> relatives and determinate the family, give you a legal basis: Article 1245 of the Civil Code of the People's Republic of China, if the animal keeper or manager shall bear tort liability if the animal is raised and refers to the damage caused to others; 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. <>

<> dear, are you a victim here?

Bitten by a dog, three dog tooth holes in his left hand, how much money to claim.

Yes. Pro, Chunzi was bitten by a dog, three dog tooth holes on his left hand, how much to claim is calculated according to direct expenses such as medical expenses, and how much compensation is not unified in the law of the law.

Generally in the hundreds to thousands, <>

You can negotiate compensation with the other party.

What caused you to be bitten by a dog?

The compensation for dog bites is as follows:

1. The animal keeper or manager shall bear the tort liability, but if it can be proved that the damage was caused by the intentional or gross negligence of the infringed party, the liability may not be borne or reduced;

2. Generally, compensation can be made through medical expenses, lost work expenses, transportation expenses, rabies vaccination expenses, nutrition expenses, and possible hospital meal subsidies and nursing expenses;

3. If it constitutes disability, it can also claim compensation for disability compensation, spiritual solace, etc.

Legal basisArticle 1246 of the Civil Code of the People's Republic of China.

Where management provisions are violated and safety measures are not taken for animals, causing 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.

Article 1250.

Where an animal causes damage to others due to the fault of a third party, the infringed party may request compensation from the animal keeper or manager, and may also request compensation from the third party. After the animal keeper or manager makes compensation, he or she has the right to recover compensation from a third party.

How to deal with a wound if bitten by a dog.

1. Clean the wound, after being bitten by a dog, you need to immediately rinse the wound with 20% soapy water for 30 minutes, the purpose is to thoroughly wash off the rabies virus, bacteria and stains on the wound to reduce the chance of infection;

2. Squeeze the wound, if the wound is broken and bleeding, gently squeeze the wound and squeeze out the dirty blood with dog saliva;

3. Disinfection treatment, after rinsing the wound, it is necessary to disinfect from the inside to the outside with iodophor or 75% alcohol;

4. In addition, if the dog bite wound is deep and wide or located in the head, neck, face, hand and other parts with rich nerve distribution, it is necessary to go to the hospital for further treatment of the wound, and rabies immune globulin is generally injected, and the wound is generally not sutured and bandaged.