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If your dog is out of the owner's control, you will be compensated in full for medical expenses and the loss of work stoppage after the bite.
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Hurry up and take the bite to a regular hospital for rabies vaccination, the sooner the better. It is best to have less than 4 hours. Then actively compensate for people's medical expenses, nutrition expenses, lost work expenses, etc.
Because according to the provisions of the "Public Security Law of the People's Republic of China", you must file a pet if you have a pet, and you must lock the big dog with a rope to prevent harming people, and you have done nothing to seriously break the law and commit a crime!
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First of all, we need to vaccinate people. Buy some nutritious products, and people express condolences. And make a verbal condolence apology.
Reimbursement for medical expenses and all other financial losses caused by the bite theory. Depending on the circumstances of the bite and convulsion, appropriate moral compensation may be awarded. The key is to apologize sincerely.
Obtain the understanding of the other party. That's the best way to solve it.
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This needs to be discussed with others, in addition to apologizing, the rabies vaccine definitely needs to be shot, and it should be six shots, and you need to go every day, which will take time. So the lost time pay traffic law should give some. In addition, it is not to give some nutrition fees, mental damage fees.
The key is also to see if your dog has been vaccinated against rabies. Moreover, the incubation period of rabies virus is very long, and the later development should be solved at one time. I think we should discuss it.
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At least full compensation for medical expenses, and even for lost work expenses and mental damage expenses incurred by them. In short, you take all the responsibility for the dog.
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Regardless of whether the dog bites someone within your control, you have to pay a reward, vaccinate the bitten person, and negotiate compensation. Raise dogs in a civilized manner, walk dogs on leashes, and never let them go.
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Give people defensive shots, depending on the severity, if it is light, you will give condolences, and if it is heavy, you will negotiate with others to solve it and give a certain amount of economic compensation.
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In this case, it is necessary to compensate the other party for medical expenses and lost work expenses. It is recommended to actively negotiate and resolve the matter to avoid unnecessary troubles and disputes.
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Be sincere, apologize first, and then negotiate compensation for medical expenses and other related expenses.
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Take people to get rabies vaccinations, pay for medical expenses, buy some fruit nutrition or something.
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You have to take the bitten person to vaccinate now, then pay the medical bills in advance, and then buy some gifts to compensate, and just keep an eye on the dog in the future.
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Take the initiative to take people to get vaccinated, report medical expenses, and then buy some supplements to say sorry.
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First of all, it is necessary to vaccinate the dog in time to prevent the occurrence of rabies, and then negotiate to solve the compensation problem.
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Then the compensation for the bite must be borne only by the dog owner. If you go outside, you must walk your dog on a leash.
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First take people to get a rabies vaccine, and then buy some nutrition and fruits to express condolences to him.
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It depends on the condition of the injury, and it needs to be resolved through negotiation.
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Take someone to get the full course of the vaccine first, and then buy some condolences.
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Then you first give people rabies seedlings and see what they say.
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Answer: After a dog bites a person, the owner must be responsible. After being bitten by someone else's dog, you can negotiate with the owner first, and if the negotiation fails, you can ask the local village committee to solve the problem, and if the village committee fails to negotiate, you can directly sue the court.
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Alarm. In this case, the police can only help mediate, and the other party should be asked to compensate for medical expenses and lost work expenses as soon as possible.
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Now the relevant laws of the country have made relevant provisions on pet ownership, if you are bitten by someone else's dog, you should negotiate compensation, otherwise you can sue the other party.
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Usually I would sue the owner of this dog. And I'm going to tell him it's wrong. He will definitely be punished by the law.
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If two dogs bite each other, if one of the dogs is injured, you can first negotiate compensation with the owner of the other dog, and if the dog owner refuses to compensate, you can go to the people's court to sue the other party for the damage caused by raising animals. Where raised animals cause harm to others, the animal keeper or manager shall bear tort liability. "Others" here includes giving other people's property, animals raised by others, etc.
If the animal is raised and causes damage to others, the liability shall be borne according to the principle of no-fault liability, that is, whether the infringing party is subjectively and objectively at fault is not the basis for determining whether it should bear tort liability, but mainly depends on the tortious act and the causal relationship.
Article 1246 of the Civil Code stipulates that if a person 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 tort liability; However, if it can be proved that the damage was intentionally caused by the infringed party, the liability can be mitigated. Whether the injured party is at fault or not has an impact on the liability of the infringing party, mainly to reduce or exempt the infringing party's liability. Of course, it is up to the infringing party to prove whether the injured party is at fault.
If the infringing party fails to take safety measures and the damage is caused by the intentional act of the injured party, the liability of the infringing party is only reduced and not exempted.
1. What is the burden of proof for the tort of damage caused by animals?
Under normal circumstances, the principle of "who asserts, who adduces" is implemented. In the case of tort, the victim has to prove that he or she has suffered damage, the extent of his damage, the cause of his damage, and who caused the damage. In addition, the evidence adduced should also meet the requirements of authenticity, legitimacy and relevance as much as possible.
In the case of damage caused by the raised animal, the keeper of the animal and the person in charge of the animal are not liable in whole or in part under any circumstances. According to the laws of our country, the liability of the animal keeper or manager shall be mitigated or exempted from the damage caused by the fault of the victim or the fault of a third party. Thus, liability can be mitigated or exempted if the keeper or manager of the animal can prove that the damage was caused by the fault of the victim or the fault of a third party.
It can be seen that in such cases, the burden of proof is reversed, that is, the defendant bears the burden of proof, otherwise he will have to bear adverse legal consequences.
2. What are the constitutive elements of harm caused by raising animals?
1. It is the independent action or instinctive behavior of raising animals that causes damage to people. Injury caused by raising animals refers to damage caused by actions or instinctive behaviors performed independently by animals without being forced or driven by humans.
2. The raised animal has caused damage to others. There must be a fact of causing damage to others in order to give rise to liability for damage caused by knowing that a virtual animal caused the harm. The consequences of damage here include property damage and personal injury.
3. There must be a causal relationship between the harm caused by the animal and the fact of damage. The causal relationship here refers to the causal relationship between the infringement of the animal and the result of the damage, that is, the personal injury or property damage suffered by the victim must be caused by the infringement of the animal.
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Civil Code of the People's Republic of China
Article 1245.
General Provisions on Liability for Harm Caused by Raising Animals] Where raised animals cause 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.
Liability for harm caused by failure to take safety measures for animals in violation of regulations] Whoever violates management regulations and fails to take safety measures for animals and causes 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 1247:[Liability for Harm Caused by Dangerous Animals Prohibited from Keeping]Where a fierce dog or other dangerous animal that is prohibited from raising causes harm to others, the animal keeper or manager shall bear tort liability.
1. Precautions for damage caused by animals.
In practice, the following issues should also be paid attention to in the calculation of the consequences of damage:
First, in cases of injury caused by animals, the issue of compensation for moral damages is rarely involved. Because of the principle of no-fault liability, the amount of damages is usually limited, and the plaintiff cannot claim "punitive damages".
Second, some victims lack the necessary legal knowledge and often ignore the loss of available benefits and compensation for disability.
Third, in determining the amount of compensation, we should take into account factors such as economic development and rising commodity prices, so as to overcome the current situation of low compensation.
Fourth, compensation for loss of working capacity should be taken into account the recent income of the victim and the income of a person with the same ability or education as him;
Fifth, the determination of the living expenses of dependents should meet the average level of local residents or the relief standards of the civil affairs department;
Sixth, for some latent diseases (such as rabies) that need to be discovered after a period of time, the victim can still file a request for legal relief within the limitation period after knowing or should have known about the damage.
First, it is clarified that the owner or occupier of the animal is the person obligated to pay compensation;
Second, the basis of the liability of the indemnity obligor lies in its obligation to control and control the animal;
Third, in the arrangement of the grounds for exemption, the fault of the victim or the fault of a third party cannot be taken as a condition for exemption, and the fault of the victim or a third party must be limited to intentional or gross negligence as a condition for the perpetrator to be exempted from liability from the perspective of balancing the interests of the parties.
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