The puppy bites someone I became a defendant, and what to do if the dog bites a person according to

It is her right to claim how much compensation she wants, she can even ask for a million, but whether the court supports it is another matter, and she has to have evidence to support her claim, such as medical bills and other documents.

I've found some laws for you, and you can see for yourself.

Tort Liability Law of the People's Republic of China.

Chapter 10 Liability for damage to 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.

Article 81: Where zoo animals cause harm to others, the zoo shall bear tort liability, but where it can be proved that it has fulfilled its management duties, it shall not be liable. Article 82: Where abandoned or escaped animals cause harm to others during the period of abandonment or escape, the original animal keeper or manager bears tort liability. Article 83: 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 84: Raising animals shall abide by the law, respect social morality, and must not interfere with the lives of others.

Note: The burden of proof should be on the victim to prove the essential facts for the establishment of his right to claim damages, that is, to prove the following facts: the victim was injured by the animal; The animal causing the injury is kept or managed by the perpetrator.

Addendum: How to say that your dog is also biting, no matter how much to pay a little bit, think about who is walking on the road to be bitten by a dog, it is a depressing thing, compare your heart to your heart, negotiate with the other party within your ability, good luck.

5w is too much for mental damage.

Although the animal manager bears no-fault liability for animal infringement, if it can be proved that the damage was caused by the infringed party's intention or gross negligence, the liability may be waived or reduced.

You can negotiate with the girl to see if you can reduce it, and if you go to court, the amount of compensation for moral damages will be determined according to the following factors:

1. The degree of fault of the infringer, except as otherwise provided by law;

2. Specific circumstances such as the means, occasions, and modes of conduct of the violation;

3. The consequences of the infringement;

4. The infringer's profits;

5. The infringer's economic ability to bear responsibility;

6. The average standard of living in the place where the court is sued.

Therefore, the judge should not let you pay so much moral damages.

Now all you have to do is negotiate with the girl, give her all the medical expenses and everything, and visit her more. Be positive and have a good attitude. Say it well, comfort her well. Sometimes it is unreasonable to ask for it in anger.

1. Compensation for lost work expenses, nutrition expenses, and medical expenses;

2. The cost of mental damage depends on whether the woman has been injured and what the extent of the injury is. If there is no medical appraisal of mental injury, it is generally not compensated, and if it does cause certain harm to the woman, the general compensation amount is within 1,000-10,000 yuan (depending on the degree of injury).

This is a deliberate blackmail if my guess is correct. Generally, puppies will not take the initiative to attack people who are not dangerous to them. Unless there is some smell on the person inside that is disgusting to the puppy.

Besides, there is no such thing as a moral damage fee. If our puppy bites someone, it means taking someone to the hospital to pay the medical bills and apologizing. It depends on how the landlord wants to solve it.

The compensation is for sure, just not as exaggerated as she is. There is no basis for moral damages, and they are generally not compensated.

50,000 is not needed, but it is necessary to fight rabies, a few hundred yuan.

According to the provisions of the Civil Code, it is specifically divided into the following situations: 1. If it is bitten by a raised animal, 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 it is bitten by a fierce dog, the animal keeper or manager shall bear tort liability. 3. If it is bitten by a dog in the zoo, 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. 4. If it is bitten by an abandoned or escaped dog, the original keeper or manager of the animal shall bear tort liability.

5. If the victim is bitten by a dog due to the fault of a third party, the infringed party may claim compensation from the animal keeper or manager, or 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.

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

Article 1251.

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

Proof of compensation negotiated by both parties, bills for injury**, diagnosis certificate, list of medical expenses, legal basis:

Civil Procedure Law of the People's Republic of China

Article 17: Basic level people's courts have jurisdiction over first-instance civil cases, except as otherwise provided in this Law.

Article 18: Intermediate people's courts have jurisdiction over the following first-instance civil cases:

1) Major foreign-related cases;

2) Cases that have a major impact in the jurisdiction;

3) Cases over which the Supreme People's Court determines that the Intermediate People's Court has jurisdiction.

Article 119:The following requirements must be met for prosecution:

1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;

2) There is a clear defendant;

3) There are specific litigation claims, facts, and reasons;

4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

Proof of compensation negotiated by both parties, bills for injury**, diagnosis certificate, list of medical expenses, legal basis:

Civil Procedure Law of the People's Republic of China

Article 17: Basic level people's courts have jurisdiction over first-instance civil cases, except as otherwise provided in this Law.

Article 18: Intermediate people's courts have jurisdiction over the following first-instance civil cases:

1) Major foreign-related cases;

2) Cases that have a major impact in the jurisdiction;

3) Cases over which the Supreme People's Court determines that the Intermediate People's Court has jurisdiction.

Article 119:The following conditions must be met to initiate a lawsuit for insecurity:

1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;

2) There is a clear defendant;

3) There are specific litigation claims, facts, and reasons;

4) It is within the scope of the people's court's acceptance of civil litigation and the jurisdiction of the people's court receiving the lawsuit.

If the bite is not serious, in addition to compensating for all medical expenses, it is also appropriate to give others some compensation, about a thousand yuan.

If he sues, the number of people's court support should not be much, is it the nutrition fee mentioned above, it really laughs at me, the nutrition fee is difficult to support without the opinion of a medical institution, and some people say that the appraisal, haha, you think this is a disability, and if there is some blood, it will be appraised.

According to 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: 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.

Except for medical expenses, the above expenses are strictly controlled and must be supported by sufficient evidence.

This kind of thing is not expressly provided for in the law. It is advisable to put yourself in his footsteps and think about what you would do if you were bitten by a dog. It is better to negotiate and settle this matter, and then compensate the family for a little compensation. If you can't negotiate a piece, let him go to court. Best wishes.

You can apply for appraisal first, and then judge how to operate according to the appraisal results.

That needs to be appraised and paid by the unit, and if it causes serious or slanderous injuries, the problem will be big.

Reimbursement of all medical expenses for more than one month. Don't bird him, ask him if he has any evidence.

Legally, as long as you are responsible for the medical expenses, the rest is fine, isn't it timely treatment, and there is no evasion.

He's here to ask for mental damages, you tell him that you can go to court to sue for mental damages, and I will also give you a needle, don't mess around, if you mess around, I'll call the police. Why do you want compensation, come up with reasons and justifications. There's no reason to ask for money, you think you want it.

In addition, your dog, recently optimistic, don't let him make a bad drug to death, or complain that your dog bites, the city management will come to take care of it, if the city management comes, answer it correctly, just say that this person has been treated, unreasonable, and I need to have a dog to take care of this yard to ensure safety. Don't let people take the dog away for you.

Your situation is now a problem of lost time pay, and you have taken more than 40 days off, calculated according to his actual reduced income. The rest is nutrition expenses and transportation expenses, etc., which are estimated to not reach the disability, and if it is resolved by litigation, there is not much money, and if it can be negotiated or negotiated as much as possible, there is no need to sue.

According to the Tort Liability Law, if an animal is raised and 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.

Judging from your description, it is not clear that your friend has serious consequences that will constitute disability, so according to the regulations, you can get medical expenses (if you have paid it, you will no longer bear it), hospital meal allowance (according to the standard of business trip meals), appropriate lost work expenses (according to the will rest time or appraisal), appropriate nutrition expenses (according to the will or appraisal needs), transportation expenses (see receipts), follow-up expenses (if necessary), etc. Therefore, it may be difficult to pay for the 8-100,000 request.

The owner of the dog has done the best to deal with the aftermath, what should you let him do, after all, it is a dog, it is not human, his colleague can also be tolerant, take a step back and open the sky.

Being bitten by a dog to the way to defend your rights:

1. You can apply for mediation to the local village committee, neighborhood committee, and township (town) people's mediation committee. If mediation fails, a lawsuit may be filed in the people's court.

2. Pay attention to the preservation of evidence, that is, the evidence that the other party's dog bites you (in case the other party does not admit the fact that the dog bitten you). How to sue a dog bites a person.

1) Preparation for prosecution, mainly to collect evidence related to the case and write an indictment, such as identity certificates, diagnosis certificates, etc.;

2) Filing a lawsuit in court. The jurisdiction of the court should be determined before the indictment is filed, and then the prepared indictment and evidence should be submitted;

3) After the court accepts the case of the scumbag, it shall pay the litigation fee in advance as required and wait for the court to hear the case.

How to sue for not paying compensation for dog bites: first instance procedure:

1. Submit the complaint to the case filing division of the court with the jurisdiction of eggplant transportation.

2. Case filing and review.

3. If the conditions for filing a case are met, the parties shall be notified to pay the litigation fee within 7 days, and the case shall be filed after the fee is paid.

4. After examination and acceptance, the court shall serve a copy of the indictment on the defendant;

5. The defendant submits a reply within 15 days, and the court serves a copy of the reply on the plaintiff within 5 days.

6. In the case of a decision to be heard, the court shall notify the parties and make an announcement three days in advance;

7. The court investigation stage includes: the parties' statements; inform witnesses of their rights and obligations, testify against witnesses, and read out the testimony of witnesses who have not appeared in court; production of documentary evidence, physical evidence and audio-visual materials; read out the appraisal conclusions; read out the inquest transcript;

8. Court debates include: speeches by the plaintiff and its litigant; Defendants and their litigants plead; The third party and its litigant speak or reply; Debating with each other. At the conclusion of the courtroom debate, the presiding judge is to solicit the final opinions of all parties in the order of the plaintiff, defendant, and third party;

9. At the conclusion of courtroom debate, a judgment shall be made in accordance with law. Where mediation is possible before the judgment is made, mediation may also be conducted, and where mediation fails, a judgment shall be made in a timely manner.

10. Judgment pronouncement.

What are the conditions for filing a lawsuit in a dog-bite tort liability dispute?

1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;

2) There is a clear defendant;

3) There are specific litigation claims, facts, and reasons;

4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

Legal basis

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 and safety measures are not taken for animals, causing damage to others, the animal keeper or the manager of the trembling beam 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.