A stray dog hit and injured the elderly, and the feeder paid 40,000 yuan, why?

Because the feeder has been feeding the stray dog for a long time, so that the stray dog has become dependent, the feeder is equivalent to the keeper of the stray dog, and the court judged that the feeder should pay 40,000 yuan through this. Although feeding stray dogs is out of love, stray dogs are also very aggressive towards people, so when encountering stray dogs, you should seek help from relevant organizations to reduce unnecessary trouble.

According to Article 78 of the Tort Liability Law of the People's Republic of China, if a raised animal causes damage to others, the animal keeper or manager shall bear tort liability. He fed food to stray dogs for months and was considered the steward of the dogs.

This person's behavior has caused problems, and he has to pay compensation. This person feeds stray dogs, causing stray dogs to harm humans here. This dog feeder is directly responsible. Now that something has happened, his compensation is too reasonable.

On the basis that he should not feed stray dogs, it can only be said that the feeder is unlucky. The family members of the elderly are also very unreasonable.

I can't accept that theory. The feeder is kind enough to help the stray dogs, but some people say that if the feeder does not give the stray dogs food to eat, then he will not have the strength to hurt the old man.

It is because the feeder is not aware of the danger of stray dogs, and at the same time, the stray dogs become dependent on food and stay here for a long time

The feeder often feeds the stray dog, causing the stray dog to wander around and not leave, thus injuring the elderly, so the feeder takes part of the responsibility, so sometimes good intentions will do bad things, think about it before doing good deeds.

The Zunyi Intermediate People's Court (hereinafter referred to as the "Zunyi Intermediate People's Court") heard a case of tort liability dispute arising from a stray dog injuring a person.

Zan Moumou, who is in his 60s in Zheng'an County, Zunyi, was on his way home from buying vegetables from the farmers' market when he was hit by a stray dog that Wan Moumou often feeds, and was identified as a grade 10 disability with multiple rib fractures on his right side. The court ordered Wan to compensate Zan for various losses totaling more than 40,000 yuan.

Whether the stray dog that is fed should be compensated for the injury depends on the situation:

Generally speaking, the feeding behavior of the feeder is out of compassion for stray cats and dogs, and it cannot be presumed that they have the intention of raising or managing, and the feeding behavior cannot change the ownerless attribute of stray cats and dogs. Therefore, the law should not be harsh on the general act of feeding. Whether they need to be held responsible mainly depends on whether their feeding behavior increases the risk of specific areas and specific groups.

For example, when the feeding behavior occurs in a specific place for a long time, stray cats and dogs will form a food dependence on the feeder, and change their living habits and haunting rules to a certain extent, and will gather and wait for feeding at a relatively fixed time and place, which will lead to an upward trend in the risk of stray cats and dogs injuring people in the place for a certain period of time. In this case, there is a possibility of liability.

On the contrary, if the feeder is able to guide stray cats and dogs to less remote areas for feeding, this is actually a risk-reducing behavior. Even if the risk does occur, it should not be held liable. Therefore, even if you feed stray cats and dogs, it is best not to feed them in crowded places, especially near places where children gather.

And if the owner abandons the pet dog, the owner needs to bear legal responsibility.

Because the feeder makes the stray dog dependent on it to a certain extent when raising the stray dog, it also constitutes a de facto breeding relationship, that is, its prior behavior (multiple or long-term feeding behaviors) leads to the management responsibility of the stray dog, and the feeder should be appropriately responsible. It is recommended that dog lovers encounter similar situations, and it is best to ask the relevant departments to deal with them, otherwise it is easy to be bitten by a dog or caused by a dog biting others, resulting in the feeder bearing tort liability.

At the same time, if the owner abandons the pet dog, and the pet dog bites others in life, if the bitten person is not at fault, the owner of the pet dog shall bear legal responsibility.

In today's society, many members of the public will touch their hearts of compassion and give assistance when they see stray animals, which is a manifestation of social civilization and progress, which is worthy of appreciation. However, the more fixed feeding behavior of caring people will inevitably make animals dependent on food, which can easily lead to stray animals gathering and living in the community for a long time, because stray animals may carry a large number of germs and have certain harmful attributes, and the control of stray animals by feeding people is low, which will inevitably increase the danger of the public environment in the community, so it should bear the corresponding liability for compensation. For stray animals, the correct way to deal with them is to send them to a special shelter, or adopt them in a way permitted by laws and regulations, and prevent them from causing damage to others through captivity, leashing, etc.

Legal Analysis: Feeders are generally required to pay compensation. Where the raised animal causes harm 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 on the part of the infringed party, the liability may not be borne or mitigated.

Legal basis: Article 1245 of the Civil Code of the People's Republic of China Where a 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.

The root cause of the growing indifference of the Chinese is mainly the superstitious law, which has been punishing caring and kind people, hoping that the legal system can be reformed greatly, and there are too many drawbacks. This event is the instinct of a caring person who encounters a small animal in need of help, and it is the instinct of a kind person to provide assistance. No fault.

It must be retroactive, and the compensation should also be borne by the ** department according to the wild animals.

The court's judgment is unreasonable, if the feeding caused the incident, then once again trace back to the origin, the local ** did not manage the stray dogs well, resulting in the feeding of the love of the feeder to feed the stray dogs, which caused a series of follow-up problems, then, backhand prosecution.

I don't think it's straightforward to say whether it's reasonable or not. This stray dog does not have an owner, so generally speaking, there is no need for anyone to take any responsibility for what happens to the stray dog. If the person who feeds the dog only gives the dog a few times out of sympathy, then there is no direct relationship between the dog hitting and injuring the elderly person after the feeding.

It doesn't make sense to look at it that way. But if the feeder often feeds and gives the dog a kind of dependence, it will indirectly cause the elderly to be injured to a certain extent, and I think it is reasonable at this time.

Although the dog feeder did not keep the dog at home, because he often fed the dog food, it was equivalent to in fact raising the dog, and the dog feeder failed to recognize the danger of the stray dog and fed it in an improper way, so that the dog became dependent on the food he fed, and often wandered nearby, which caused the accident, so the dog eater should compensate reasonably.

I think it's definitely unreasonable, because the person who feeds doesn't do anything wrong at all, so it's unreasonable.

Mainly because the feeder has been taking care of the dog, so it can be regarded as an actual management obligation, so the old man also has a reason to ask for compensation.

Irrationality. The feeder is kind-hearted to feed the dog, he is not the owner of the dog and is not responsible for the dog's actions.

In fact, it is also reasonable, because the feeder is the owner of the dog from another point of view.

Emotionally, I don't think it's reasonable, but rationally, it's really because the feeder has been feeding stray dogs in the local area for a long time, which has caused the elderly to be hit and injured.

It's unreasonable, others just threw food, and didn't instruct the dog to hit the old man, the fault should be on the old man himself.

Feeding stray dogs, I lost 40,000 yuan, and let well-wishers hurt like this, I don't think it's really good. We cannot let well-wishers chill their hearts, and justice cannot be absent.

A well-wisher fed stray dogs, but he had to pay for the hurtful behavior of stray dogs and pay 40,000 yuan in compensation. Recently, a dispute over a case of stray dogs in Zunyi City has caused great social repercussions. Let's take a look.

There was a very controversial incident in Zunyi, Guizhou, when an elderly man was walking on the street, suddenly rushed over a stray dog, the old man was knocked down and sent to the hospital, and the result of the examination was 10 degree disability. At the beginning of the investigation, because it was just a stray dog, I didn't know how to start the investigation, and then I accidentally found that this stray dog was fed for a long time, so I followed this clue to find Wan. After the judgment, Wan compensated the old man for various losses totaling more than 60,000 yuan, but Wan expressed dissatisfaction and appealed the matter again.

In fact, many people should be able to understand Wan's mood, just watching the stray dog feeding some food on the street, but because of this, he poured such a big mold, and it will not feel good on anyone.

Wan Moumou fed stray dogs, out of love for animals and inner goodwill, without the purpose of use and control, and did not change the ownerless nature of stray dogs, so naturally should not be identified as the "manager" of stray dogs. Unfortunately, in most judicial decisions, judges habitually equate long-term feeders with "managers", lack detailed arguments and reasoning, and have not given judicially convincing explanations, which makes people unconvinced.

In the final analysis, the management of stray animals is a social issue, and the control of stray animals requires a detailed and comprehensive public system。For example, improve the pet registration system, facilitate the traceability of the original owner, and a series of measures for proper placement. In addition, units that have the obligation to ensure safety in public places must bear certain responsibilities for protection and supervision.

And if the feeder is held accountable, doesn't that mean that the individual is responsible for the management that should have been borne by the public sector?

We can't let the well-wishers who do good deeds cool their hearts, and hope that the relevant parts will improve the relevant services and let justice last forever!

Yes, it is necessary to compensate for feeding stray dogs improperly and causing harm to others. Her kindness was wrong, because the way she fed affected the surrounding residents, and if she was really loving, she could adopt him.

After learning about the relevant reports, I feel a little unhappy, it turns out that the feeder can be identified as an animal manager by feeding stray dogs for a long time, which is a bit "haha", and it is not good to be a well-wisher.

It's not good, they just feed the stray dogs because they see them pitiful. If that were the case, there wouldn't be many people doing good deeds.

This is not good, feeding stray dogs is an act of love, but stray dogs have nothing to do with the citizens who feed them, this practice is really chilling.

There is indeed such a thing, I don't think there is anything bad about it, because the well-wisher has fed the stray dog for a long time, and it can be determined that he is the manager of the stray dog, and the stray dog hurts people, and he should bear tort liability, which has a legal basis.

Feed stray dogs, but not the owner of the dog, the dog knocked people down and was injured, so that the feeder felt a little wronged, no one cares about the stray dogs, kindly fed the dog but was compensated 40,000 yuan, people should be more cautious in the future, see stray dogs to reflect to the relevant departments do not feed.

I think that when a person does good deeds with good intentions, he must take into account the results, and I can't say that the results of what I do with good intentions must be good, and it can be regarded as a wake-up call for some people who only want to be kind, but do some ridiculous things.

I don't think this should be his responsibility, is it because he fed stray dogs, and stray dogs became his responsibility? I feel a little chilled, this is his love and not a burden.

Plausible. Since you know that it is a stray dog and no one manages it, then these dogs should not be touched, and you must be responsible if something happens.

Because feeding the elderly in raising stray dogs, so that the stray dogs have a certain dependence on him, so it also constitutes a feeding relationship, that is, the prior behavior of the elderly (that is, feeding behavior) leads to the management responsibility of stray dogs, feeding the elderly should be properly responsible.

I don't think such a verdict is reasonable, if feeding stray dogs is responsible for the dog's behavior, then everyone will not dare to feed stray dogs in the future, so that everyone thinks that doing good deeds has no good end, which is not conducive to the spread of goodwill in society.

Plausible. Long-term regular feeding should be responsible for causing stray animals to hurt people. However, the problem caused by stray dogs everywhere will not be fundamentally solved, whether there is a management department, how to manage, how to solve this phenomenon both safely and humanely, the whole society should think.

Looking at the whole incident, I think it's reasonable.

In life, we may feel that the occasional act of feeding stray animals will not bring any bad consequences, after all, just giving these poor homeless animals a little food or a little water, we are saving a life, we are doing a good deed. Is that really all there really is?

1. The stray dog hit and injured the elderly, and the feeder paid 40,000 yuan Zan Moumou, who was in his 60s in Zheng'an County, Zunyi, was hit by a local dog on the way home from the vegetable market, resulting in multiple rib fractures on the right side and a tenth-grade disability. After ** investigation, this local dog was fed by local resident Wan Moumou. And Wan Moumou believes that this earth dog is a stray dog, not his own dog, and he is not the owner of the dog, so he should not be responsible.

Second, Wan Moumou compensated 40,000 yuan, and Wan Moumou was not wronged to feed stray dogs, and in the end, not only did he not make a good profit, but he also paid 40,000 yuan, on the surface, Wan Moumou was really wronged. But judging from the actual situation, Wan Moumou is not wronged at all, and the compensation of 40,000 yuan is very reasonable, why?

The reason is that Wan Moumou often feeds this stray dog, and his feeding method has made stray dogs get used to it, and they will go to the place where he feeds to wait for food. Stray dogs are inherently dangerous, and they have adopted improper feeding methods, so that the dogs are dependent on feeding methods and food, and often wander nearbyWave.

That's why it hit Zan Moumou, if Wan Moumou doesn't feed it often, this stray dog may not wander around, and it won't hit the victim.

Where raised animals cause harm to others, the animal keeper or manager shall bear tort liability. (Wan XX) feeding food to stray dogs can be identified as the steward of the animal. ”

And finally:Want to rescue stray dogs,Adoption can be carried out through formal channels, or you can call ** to a special shelter institution for them to adoptOr put stray dogs in special shelters. There is nothing wrong with giving love, but it is important to pay attention to the ways and means.