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I feel that you have little hope of getting compensation, because although the child is small and does not have the ability to act independently, but as the guardian of the child, you as parents have a certain responsibility, at least you did not take good care of your child, did not make the child aware of the existence of danger, and said that his dog is bolted, and you are neither going to the door nor doing business, I think it is reasonable for the other party to bear half of the cost, and you think it is worth it to fight the customs division as you said upstairs? For the three to five hundred dollars of vaccine money? It is estimated that the court will not accept it, or don't toss it, judging from your description, the child's situation is not too serious, you might as well take it as an opportunity to educate the child, but also as a lesson to yourself, so that the child knows what danger is, so that the child can stay away from danger and be safe and secure for the rest of his life.
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Then you go to your local dog fighting office. went directly to his dog to death, and you contacted the police station, and you told them that the child was in bad spirits after being bitten by a dog and was scared. If no one pays attention, you gather evidence and prepare to prosecute, and you will definitely win.
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The dog is leashed in his yard and doesn't bite your child outside the yard, so it's good that he can pay you half of the money. I don't think there's any responsibility on the part of the dog owner.
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Your son was actually bitten when he left, not teasing the dog with something. But the child is fine, and the owner of the dog is told to take care of his dog. I also asked if there were any witnesses at that time.
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Initiating a civil lawsuit. Claim compensation for medical expenses, nutrition expenses, nursing expenses, lost work expenses, and necessary continuing expenses.
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If you want to make it simple, you can find the community or the police station to help mediate.
If you really can't do it, you have to go to court.
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The new tort law stipulates that if an animal infringes on a human and causes damage to a person, the animal owner shall be liable for compensation, and the animal owner and a third party will no longer be jointly and severally liable. A civil lawsuit can be filed in court to demand liability from the dog's owner. The losing party in the civil lawsuit will bear the costs of the proceedings.
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You get some poisonous snakes and put them in their house, I hate dogs that don't have leashes.
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Now it's not a matter of compensation! The question is: yes or no!
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Bitten? Let the neighbors pay for the medical bills and get vaccinated! But don't worry, domestic pets are generally not sick! If you have a wild dog, you should hurry up and get vaccinated, because if you get rabies, you will be in trouble.
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Is it a bite, then send it to the hospital quickly, if you scratch it, just disinfect it.
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You are fully responsible. First, you don't have a well-guarded dog - it's not on a leash, and secondly, kicking the dog can be understood as self-defense (although it may not be, but if he says that, he can only believe it, because your dog is a threat to him, unless you show evidence that your dog is not a threat to him). Therefore, all the costs are at your expense.
It is recommended that you have a better attitude, a higher attitude, and it is best to negotiate a solution.
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If a dog bites a person, the dog owner's behavior falls under the special tort of "raising animals to cause damage to people". Article 127 of the General Principles of the Civil Law of the People's Republic of China stipulates that: "If a raised animal causes damage to others, the animal keeper or manager shall bear civil liability; Where damage is caused by the fault of the victim, the animal keeper or manager shall not bear civil liability; Where damage is caused by the fault of a third party, the third party shall bear civil liability.
According to this article, the liability for injury to a person by an animal shall be divided into three situations: first, in the case of an animal that injures a person independently, the subject of civil liability is the animal keeper or manager; Second, if the injury caused by the animal is caused by the fault of the victim, the animal keeper or manager is exempt from liability for the injury of the animal; Third, if the injury caused by an animal is caused by the fault of a third party, the third party shall bear civil liability. There are two exemptions for this particular infringement:
One is the fault of the victim; The second is the fault of a third person.
In determining the allocation of the burden of proof, the burden of proof is reversed in cases where animals cause damage to humans, which is also different from ordinary torts. Article 4, Item 5 of the Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings stipulates that: "In a tort lawsuit for injury caused by raising animals, the animal keeper or manager shall bear the burden of proof that the victim is at fault or that a third party is at fault.
According to this article, unless the owner of the dog has evidence to prove that the damage caused by the animal is due to the fault of the victim or the fault of a third party, he shall bear legal liability in accordance with the law.
The injured person is obviously at fault. However, it is not sufficient to constitute a situation in which the victim is at fault and the owner is exempted from liability as stipulated above. However, the injured person obviously bears part of the responsibility, as for the size of the responsibility, it depends on the court's decision, and the judge will consider factors such as the situation at the time, the kick of the injured person, and whether your dog complies with the law.
It is advisable to gather evidence in advance.
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Article 78 of the Tort Liability Law of the People's Republic of China provides that "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 on the part of the infringed party, the liability may not be borne or reduced".
Article 127 of the General Principles of the Civil Law stipulates that: "If a raised animal causes damage to others, the animal keeper or manager shall bear civil liability; Where damage is caused by the fault of the victim, the animal keeper or manager shall not bear civil liability; Where damage is caused by the fault of a third party, the third party shall bear civil liability. ”
Article 78 of the Tort Liability Law of the People's Republic of China repeals Article 127 of the General Principles of the Civil Law. The changes are relatively large.
1. If the victim intentionally causes it, the keeper or manager shall be exempted from liability;
2. If the victim is grossly negligent, the keeper or manager shall reduce the liability;
3. If the victim is generally negligent, the keeper or manager shall bear full responsibility;
Judging from the situation you described, "the dog barked and circled around my neighbor, scurrying upward, my neighbor held his pet dog with both hands and turned in a circle to dodge, during which my neighbor kicked my dog, and when he just turned around, my dog jumped up and bit him from behind, his clothes were torn, and a 10-centimeter-long cut was torn on his buttocks, and a lot of blood was lost." The victim was not intentional in the first place, and the second was not grossly negligent, so you have to bear full responsibility.
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To be fair: you are fully responsible for this. As for someone kicking your dog, in another way, someone else beats you for no reason, and you kick that person to protect yourself, and that person beats harder...
Afterwards the man said that if you didn't kick that kick, maybe he wouldn't have hit you so hard... What do you think of this statement?
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Your case is a typical animal infringement incident, and you can claim compensation accordingly.
Therefore, in this case, you only need to prove that you were bitten by the dog and that you have no burden of proof in the case of paying the medical bills. It's up to the other party to prove whether you're at fault. Of course, according to what you described, the main responsibility lies with the party that keeps the animal.
And there is also the question of whether it is legal for the other party to have pets.
You can consider mediating with them first and getting the local neighborhood committee to intervene.
The law stipulates that the owner of the pet is responsible for pet injuries.
However, where the victim is clearly at fault, the victim bears the responsibility.
Where it is clearly the fault of a third party, the third party bears it.
Now the dog owner is at fault for bringing the dog to the population center.
Your father took the initiative to take something to drive away without biting, and he also bears some responsibility for being bitten.
So the dog owner is going to compensate, but not all.
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3 types of distribution at the same time.
BAI: One: The court sues the civil DU lawsuit.
Two: Call the police: There is not much dao effect and a private version of the sample three: If you are not satisfied with the above 2 methods, you have the right to intimidate him, and if you don't give money, you will say that you will drug your dog while you are not paying attention, and slaughter and eat dog broth.
Four: the most inhumane method. At night, he went to tie up his family and asked him for all his property.
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The General Principles of the Civil Law restipulate: "System.
Those who infringe on the body of citizens and cause harm shall be compensated for medical treatment
expenses, loss of income due to missed work, living allowance for the disabled, etc.; where death is caused, funeral expenses and necessary living expenses for those supported by the deceased during his lifetime shall be paid. It also stipulates: "If the animal is raised and causes damage to others, the animal keeper or manager shall bear civil liability; Where damage is caused by the fault of the victim, the animal keeper or manager shall not bear civil liability; Where damage is caused by the fault of a third party, the third party shall bear civil liability.
In the case you mentioned, the owner of the dog should compensate for all losses such as medical expenses, including transportation expenses, lost work expenses, material losses (such as clothing, etc.), and if the victim claims compensation for moral damages, he also has the right to receive corresponding compensation.
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The most important thing is not the question of compensation, is your husband's wound deep? Has it been cleaned? I suggest that your husband go to get the tetanus and rabies vaccine, be careful that the brush is contaminated and get sick The incubation period of rabies is 2 months to 10 years, once the disease occurs, it will definitely die There is no ** method yet, so you must pay attention in the future.
It doesn't matter how much you care about your body, whether you pay or not!!
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First of all, it is necessary to focus on people, dogs bite people, and dog owners compensate, which is justified. The specific amount of accompaniment should be determined according to the situation. If it is just bleeding, it is not too serious a problem, and it is almost the same as paying for the medical expenses. As for what mental loss, it can be appropriate, but not too much.
Secondly, there is the problem of you pressing the puppy. You should also have some compensation for the puppy, because this incident can also be seen as your fault first. But a dog is a dog after all, not to mention that it will be fine in a few days, and there are no economic issues involved, so you can give proper consideration to this "compensation".
To sum up, in terms of compensation for this incident, you can ask for the cost of medicine, but I think that mental damage is not necessary, and this part can be seen as your compensation for pressing the puppy.
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If she can prove that there is a causal link between her heart disease and your dog, then you should be held responsible. But do you think she can adduce evidence?
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