Dog Injury Incident 20, Dog Injury Incident

First of all, according to the new tort liability law, animal tort is no-fault liability, but there are exceptions, that is, the other party is intentional or this gross negligence, I personally absolutely the other party is at fault, a normal person should be able to judge the possible consequences of letting go of the dog at that time, there is a major fault, of course, as a dog owner, you should not easily give the dog to outsiders, there is also a certain fault, and you should be a third person with obvious fault, but this third person is a family unit, so there is no problem of recovery!

According to Article 78 of the Tort Liability Law, "if a raised animal causes damage to others, the animal keeper or manager shall bear tort liability, but if it can be proved that the damage was caused intentionally or by gross negligence of the infringed party, the liability may not be borne or reduced." "In this case, the neighbor boy is the manager of the animal, and his family is grossly negligent, and your family can not bear or reduce the responsibility.

I think: Your family has received nearly 30,000 yuan in support and medical expenses. It can be said that you have fulfilled your own responsibilities and do not need to compensate.

It's you're at fault, because you made the wrong person, and I don't think you should have to compensate anymore. You can find someone to mediate, and she will accompany you if she is also hurt. If you ask too much, you don't have to pay attention to them.

Not entirely your responsibility, after all. You can go to court. By the way, do you have a dog license?

Legal analysis: pet owners should comply with the provisions of the law, if they are dogs, they should wear dog chains when they go out to avoid dog bite accidents. According to the provisions of the relevant laws of our country, if the pet dog bites a person, the dog owner shall bear the responsibility for compensation, including medical expenses, nursing expenses, transportation expenses, lost work expenses, etc.

Legal basis: Civil Code of the People's Republic of China

Article 1245: Where a raised animal causes damage to others, the animal keeper or manager shall bear tort liability in accordance with the draft; 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 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 17 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases: Where a victim suffers personal injury, the compensation obligor shall compensate for all expenses incurred due to medical treatment** and the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses. If the victim is disabled due to injury, the compensation obligor shall also compensate for the necessary expenses incurred by the victim due to the increase in living needs and the loss of income caused by the loss of the ability to work, including disability compensation, disability assistive device expenses, and living expenses for dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation. Where the victim dies, the person obligated to compensate shall compensate for the relevant expenses provided for in the first paragraph of this article in addition to the relevant expenses provided for in the first paragraph of this article on the basis of the circumstances of the rescue, and shall also compensate for the funeral expenses, living expenses of the dependents, death compensation, and other expenses incurred by the victim's relatives in handling funeral matters, such as transportation expenses, accommodation expenses, and loss of work.

1. How does the law stipulate that dogs hurt people?

Liability for pet dog bites: Under normal circumstances, if a pet dog bites another person, the owner or manager of the pet shall be liable, but if there is evidence to prove that the person bitten is at fault or intentionally caused, such as teasing the dog, etc., the keeper or manager may reduce or not be liable. If a fierce dog that is prohibited from breeding bites another person, the keeper or manager shall be liable.

If an abandoned or escaped dog bites another person, the keeper or manager shall bear responsibility. The person obligated to compensate the victim for personal injury, all expenses incurred due to medical treatment** and the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses.

2. Relevant laws and regulations.

Civil Code of the People's Republic of China

Article 1245:Where raised animals cause harm to others, the animal keepers or managers 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 1247:Where fierce dogs or other dangerous animals that are prohibited from being raised cause harm to others, the animal keeper or manager shall 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 17 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases: Where a victim suffers personal injury, the compensation obligor shall compensate for all expenses incurred due to medical treatment** and the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses. If the victim is disabled due to injury, the compensation obligor shall also compensate for the necessary expenses incurred by the victim due to the increase in living needs and the loss of income caused by the loss of the ability to work, including disability compensation, disability assistive device expenses, and living expenses for dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation. Where the victim dies, the compensation obligor shall, in addition to compensating the relevant expenses provided for in the first paragraph of this article on the basis of the circumstances of the rescue, also compensate for the funeral expenses, the living expenses of the dependents, the death compensation expenses, and other reasonable expenses such as transportation expenses, lodging expenses, and lost work expenses incurred by the victim's relatives in handling funeral matters.

The legal provisions for dog injuries are as follows:

1. If the 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.

2. If the animal violates the management regulations and fails to take safety measures for the animal and causes damage to others, the animal keeper or manager shall bear the tort liability; However, if it can be proved that the damage was intentionally caused by the infringed party, the liability can be mitigated.

3. If a dangerous animal such as a fierce dog that is prohibited from being raised causes damage to others, the animal keeper or manager shall bear tort liability.

The process of fighting a lawsuit:

1. Prosecution: Submit the complaint to the case filing division of the court with jurisdiction;

2. Case filing and review. If the conditions for filing a case are not met, a ruling will be made within 7 days that it will not be accepted. If the plaintiff is not satisfied with the ruling, it shall appeal to the people's court at a higher level within 10 days; In accordance with the conditions for filing a case, the plaintiff shall be notified to pay the litigation fee within 7 days, and the case shall be filed after the fee is paid;

3. After acceptance. The court shall serve a copy of the complaint on the defendant within 5 days, the defendant shall make a reply within 15 days, and the court shall send a copy of the reply to the plaintiff within 5 days of receiving the reply; Notify the parties to conduct an exchange of evidence, and make a ruling on property preservation based on the parties' application, and immediately begin enforcement;

4. Scheduling**. Notify the parties of the time, place, and undertaker 3 days in advance, and make an announcement 3 days in advance for cases that are tried publicly;

5. **Trial.

To sum up, the law has the meaning of order, justice, efficiency, and interests, but the law symbolizes the meaning of protection and hope for ordinary people. The law still defends people's legitimate rights and interests with its unique significance and majesty. The law is the last line of defense to safeguard the legitimate rights and interests of citizens, guarding people's hopes and maintaining the normal order of the whole society, and providing a strong institutional guarantee for the people to live and work in peace and contentment.

Legal basis]:

Article 1245 of the Civil Code of the People's Republic of China.

Where the 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.

Where management provisions are violated and safety measures are not taken for animals, causing damage to others, the animal keeper or manager shall bear the tort liability for the surplus; However, if it can be proved that the damage was intentionally caused by the infringed party, the liability can be mitigated.

Article 1247.

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