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It is best to find a sealed place to hide so that the dog cannot reach you, so that you can prevent being bitten by the dog.
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Throwing stones, throwing stones without stopping. If you can't run, you have to scold it, throw it away, and let it scare it away.
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Summary. Legal basis: Article 32 of the State Compensation Law of the People's Republic of China The payment of compensation shall be the main method of state compensation.
Where the property can be returned or restored to its original state, the property is to be returned or restored to its original state. Article 39: The statute of limitations for a claimant for compensation to request state compensation is two years, calculated from the date on which he knew or should have known that the conduct of state organs and their staff in the exercise of their authority violated their personal rights or property rights, but the period of detention or other restrictions on personal liberty is not counted. Where a request for compensation is submitted at the same time as an application for administrative reconsideration or an administrative lawsuit, the provisions of the Administrative Reconsideration Law and the Administrative Litigation Law on the statute of limitations apply.
Hello, dear, I am happy to serve you The person who hit the dog on the country road was injured 1, and the owner negotiated with the owner. 2. Call the police and compensate according to the local **. 3. Apply for insurance and find the owner's family for compensation. <>
Legal basis: Article 32 of the State Compensation Law of the People's Republic of China The payment of compensation shall be the main method of state compensation. Where it is possible to return the property or restore it to its original state, the property is to be returned or restored to its original state.
Article 39: The statute of limitations for a claimant for compensation to request state compensation is two years, calculated from the date on which he knew or should have known that the conduct of state organs and their staff in the exercise of their authority violated their personal rights or property rights, but the period of detention or other restrictions on personal liberty is not counted. Where an application for administrative reconsideration or an administrative lawsuit is filed and a request for compensation is filed, the provisions of the Administrative Reconsideration Law and the Administrative Litigation Law on the statute of limitations apply. <>
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Rural dogs bite people, can claim compensation for medical expenses, lost work expenses, nursing expenses, transportation expenses and loss costs, the specific expenses need to be calculated according to the actual expenses and relevant calculation standards. Of course, it is also up to the parties to negotiate how to compensate.
1. What to do if a dog bites a person in the countryside and how to compensate
1. Medical expenses: medical expenses, hospitalization fees, etc. issued by medical institutions. Includes ** fee, plastic surgery fee and future ** fees.
2. Lost work expenses: determined according to lost time and income. The time lost from work is to be determined on the basis of the medical establishment's certificate or forensic evaluation, and where there is a fixed income, it is to be calculated on the basis of the actual reduction in income.
3. Nursing expenses: determined according to the income of nursing staff, the number of nursing staff, and the nursing period. Where nursing staff have income, it is to be calculated with reference to the provisions on lost work; Where there is no income or nursing staff are employed, it is to be calculated with reference to equal remuneration, and the nursing staff is one person in principle, but where the medical establishment or appraisal body has a clear opinion, it shall be implemented by reference.
The period of care shall not exceed 20 years until the victim regains his or her ability to take care of himself.
4. Transportation expenses: medical expenses for the victim and his or her necessary escorts. Evidenced by an official bill.
5. Solatium for moral damage: There is no digital standard for Tonghan groups.
2. 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 standard 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.
In the event of a dog bite incident, first of all, the parties can negotiate and decide, if the negotiation fails, there can be a relevant agency to mediate, or the old trouble directly to the court to sue to protect the rights, but generally as the owner of the dog, are required to bear the corresponding liability for compensation.
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According to Article 1249 of the Civil Code, if an abandoned or escaped animal causes damage to others during the period of abandonment or escape, the original keeper or manager shall bear tort liability. Therefore, don't abandon the dog casually to become a stray dog, but also do a good job of management to avoid the dog escaping and becoming a stray dog, because even if the ownership is abandoned, the stray dog poses a threat to public safety, and the original owner needs to be responsible for the injury. The escaped dog just lost its management rights, the ownership has not changed, and the dog still needs to be held accountable for hurting people.
Of course, stray dogs also apply to Article 1245, which can reduce liability if the injured person intentionally or grossly negligently.
If the original owner of the stray dog cannot be found, then it is impossible to identify the person responsible. However, according to Article 1198, the operators or managers of hotels, shopping malls, banks, stations, stadiums, stadiums, entertainment venues and other business establishments or public places, or the organizers of mass activities, shall bear tort liability if they fail to fulfill their safety obligations and cause damage to others.
In other words, if the wandering dog cannot find the owner, but the bite occurs in the above public place, the manager of the place can be asked to bear the corresponding responsibility.
1. Does the owner of the dog who is bitten by a dog need to be held responsible?
According to Article 1245 of the Civil Code, if the raising of animals 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.
In other words, if a dog takes the initiative to bite a person, it needs to be held responsible, but if it is deliberately teased and bites, or if it is attacked and bites, then it can be held accountable or less responsible.
2. Who is responsible for being bitten by wild dogs in the community.
The property of the community shall bear tort liability. The scope of compensation for personal injuries includes medical expenses, nutrition expenses, nursing expenses, etc., including compensation for moral damages.
First of all, when the community property implements the management of the community it serves, it should fulfill the safety and security obligations within a reasonable limit, and it is certain that the property will bear some responsibility in this case, but the amount of responsibility depends on different circumstances, taking into account the following factors and other factors:
1) How long the stray dog exists, whether the community property should have been aware, and if so, the proportion of responsibility is larger, and even full responsibility;
2) Whether the victim has misbehaved as a result of the dog bite, and if so, the proportion of property liability becomes smaller.
In this case, if the victim is not at fault, the compensation of the community property is less than 20, which is obviously too little. If you sue the court, in addition to the medical expenses, you can also claim compensation for transportation expenses, etc., but all the expenses in the bank need to be proved by relevant documents, in view of the shock and pain caused by the dog bite to the victim, the moral damage fee will also be supported by the court within a reasonable range.
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Dogs have a certain sense of territory, as long as you don't get close to its territory, they will generally not chase you.
Of course, it is not excluded that some dogs are indeed more bizarre and attack others within the territory that does not belong to them, and this situation is not uncommon.
In my hometown, as long as I passed the village road, there was a family of dogs who chased after him as long as he heard the sound of motorcycles, and it was obviously one or two hundred meters away from his house, but this dog was "nosy" and always had to chase a long way before stopping! At first, I was scared half to death, and I reacted to the dog owner, but the other party had no intention of solving it.
Later, he put a stick on the motorcycle, and when he got closer, he hit it on the head with a stick, and he didn't dare to hit it twice! barked twice from afar, and didn't dare to chase anymore.
If you also encounter this situation, don't run in a hurry, because two legs can't run four legs, and it will also give the dog "confidence", thinking that you are weak and you are afraid of it.
As long as the dog has no problem with his brain, he will generally be discouraged when he sees you smashing it, and he will not dare to chase you anymore.
Of course, if it is a group of dogs, in addition to looking for stones and sticks to defend yourself, you have to shout to see if any people from the village come out to stop you, if you don't have it, you can only ask for more blessings, after all, you will definitely not be able to run...... running
If you have a life to go back, call the police immediately, the police have to deal with this situation, it is right to keep a dog to watch the house, but the dog will hurt people but is not tied, which has caused a certain threat to the personal safety of others! Compensation is a must, and the dog must be knocked out!
Personally, I also dislike the kind of people who will chase people but are not tied up.
It is said that it depends on the owner to beat the dog, but if the owner is not a good bird, naturally there is no need to be polite to him. You can't tie up your dog chasing people, you're welcome, it's light to beat the dog, and it's good if you don't hit you.
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If you are chased by a dog in the countryside, don't run around, you can squat on the spot and pretend to be looking for a stone to scare the dog away.
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Most dogs in the countryside are domesticated, and when you are chased by dogs, you just squat down and pretend to tie up to get something, and he will be scared away.
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It's best not to run when you are chased by a dog, you have to keep watching it, try to speed up slowly, if the dog is still chasing it, then you have to use a trick. The trick is to squat on the ground. The dog will be scared away.
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You should immediately find a person's house, run in quickly and explain the situation to them, and the owner of the house will save you, they have a special way to treat dogs.
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Don't panic at this time, the more panicked you are, the faster you run, the more fierce the dog, this is when you stand still, suddenly squatting, the dog will not chase, it thinks you are going to hit it with something.
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Hello, this shouldn't be a robbery, don't worry.
The crime of robbery (Article 263 of the Criminal Code) is the act of forcibly taking away public or private property from the owner of the property or the custodian of the property for the purpose of illegal possession, and by using violence, coercion or other methods on the spot. The so-called violence refers to the perpetrator's physical assault or coercion of the victim's body. The violence of the crime of robbery refers to the act of striking or coercing the victim's body in order to eliminate the victim's resistance, so as to rob the property of others.
Other methods here refer to methods other than those used by the perpetrator to commit violence or coercion so that the victim does not know how to resist or is unable to resist.
Don't try to bend over or something, it will only make the dog think that you are going to attack him, and you can stand still or walk calmly, and don't look at him, so that he thinks you are not dangerous, and he agrees to give up.
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