Who should be held responsible for the ownerless dog hitting and injuring someone?

In view of this incident, we should look at the problem with dialectical and rational thinking.

Article 6 of the Interpretation of the Supreme People's Court of the People's Republic of China on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases stipulates that: "Where a natural person, legal person, or other organization engaged in business activities such as accommodation, catering, entertainment, or other social activities fails to fulfill its obligation to ensure safety within a reasonable limit, causing personal injury to others, and the person entitled to compensation requests that he bear the corresponding liability for compensation, the people's court shall support it." Where the damage occurs as a result of the infringement by a third party, the third party who committed the infringement shall bear the liability for compensation.

Where the security obligor is at fault, it shall bear the corresponding supplementary liability for compensation to the extent that it can prevent or stop the harm. After the security obligor bears responsibility, it may seek compensation from a third party. Where the person entitled to compensation sues the person with the security oblition, the third party shall be the co-defendant, except where the third party cannot be determined<>

However, there is also a view that puppies have no owner, so the victims are responsible for the damage and losses they suffer.

First of all, for this case, the first thing to consider. Whether the victim has provocative behavior, whether the dog's mental state is normal, whether the victim is negligent, and whether the victim is negligent, it is necessary to explain the causal relationship between the victim's damage and the consequences of the damage. This is to show that the loss was caused by the aggression of the animal.

If the damage occurs or the result of the damage is increased due to the gross negligence of the victim, the liability of the animal keeper or manager may be reduced. If the victim is bitten by a dog and refuses to allow the animal keeper or manager to take the animal keeper or manager for vaccination or other disinfection out of self-confidence, resulting in the animal keeper or manager contracting rabies, the liability of the animal keeper or manager can be reduced. The stray dog that hurts people is flexible, comes and goes without a trace, which is force majeure, and the area to which the dog belongs is an area with no one to govern, not a community or an area managed by a property company, and is not harmed, and can only be borne by the victim himself.

or in a property or community unit, it will be determined through legal procedures whether the property should bear the relevant costs. <>

The dog should be responsible! This piece of China's law is not perfect, the south has begun the certification and chipping of dogs, so that abandoned stray dogs can also find the original owner, the state should strengthen management, ownerless dogs should be killed or dealt with by special agencies.

By the local ** bar. The local ** should give a certain amount of compensation to compensate the victim. and to provide maximum physical protection to the victim.

If it occurs in the community, it is borne by the property. According to Article 37 of the Tort Liability Law, if the operator or manager of a business premises or public place fails to fulfill its safety guarantee obligations and causes damage to others, he shall bear tort liability.

Whether it is a stray dog, or a dog that has been abandoned or abandoned, if it is the original owner of the abandoned or abandoned dog, is responsible.

In this case, it is really difficult for someone to take responsibility. Because this dog does not have an owner, most of it needs to be borne by itself.

1. Whether the perpetrator of the driving and killing of the dog needs to be compensated, depending on the situation:

1) The owner is not at fault, and the owner is not properly managed, such as letting the dog run on the road by itself, or not tying the dog leash, resulting in a traffic accident and causing the dog **, which belongs to the full responsibility of the owner, and the owner does not need to make any compensation;

2) If the owner is at fault and the breeder also has the above faults, it is necessary to determine the proportion of responsibility of both parties according to road conditions and other aspects;

3) The owner has fulfilled the corresponding management obligations, and the full responsibility for the car accident belongs to the owner, and the owner of the pet dog who killed the pet dog should be compensated according to the value of the property.

2. Legal basis: Article 133 of the Criminal Law of the People's Republic of China.

Whoever violates traffic and transportation management regulations, thereby causing a major accident, causing serious injury or death, or causing major losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.

2. What should I do if I refuse to compensate for traffic accidents?

The handling of refusal to compensate for traffic accidents is as follows:

1. It can be mediated by the traffic police department first. After the mediation of the traffic management department of the public security organ, if the parties fail to reach an agreement or fail to perform after the mediation agreement takes effect, the parties may file a civil lawsuit with the court;

2. Prosecution. filing the complaint with the case filing division of the court of competent jurisdiction; case filing and review; If the conditions for filing a case are met, notify the parties to pay the litigation fee within 7 days, and file the case after paying the fee; If the requirements for filing a case are not met, a ruling will not be accepted or a ruling will be made to dismiss the lawsuit. Within 10 days of dissatisfaction with the ruling not to accept the lawsuit or the ruling to reject the lawsuit, an appeal may be submitted to the people's court at the level above; After the case is accepted, the parties shall be notified of the time, place, and public trial of the case 3 days in advance, and the case will be announced 3 days in advance.

It is necessary to distinguish whether it is a domestic dog or a wild dog, if it is a domestic dog that is hit, it belongs to the owner's property, the driver is considered to have destroyed the property, and the act of escaping may constitute a hit-and-run; If it is a pet dog, it needs to see whether the appraisal price of the pet dog shall prevail and whether it meets the criteria for filing a case.

[Legal basis].Criminal Law of the People's Republic of ChinaArticle 133Whoever violates traffic and transportation management regulations, thereby causing a major accident that causes serious injury or death, or causes major losses to public or private property, is to be sentenced to up to three years imprisonment or short-term detention; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.

If a dog bites a person to death, the owner of the dog may be liable for civil damages, administrative liability, and even criminal liability. Under normal circumstances, if the animal is raised and causes damage to others, the person who raises the animal or the manager shall bear the 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 1245 of the Civil Code: Where an animal is raised and causes harm to others, the animal keeper or manager shall bear tort liability; However, if it can be proved that the damage is caused by the intentional or gross negligence of the infringed party, the liability may not be borne or reduced. Article 1246: 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; However, if it can be proved that the damage was intentionally caused by the infringed party, the only way to mitigate the liability can be done.

Legal analysis: Liability for pet dog bites: 1. Under normal circumstances, if a pet dog bites another person, the owner or manager of the pet shall be liable, but there is evidence to prove that the person bitten is at fault or intentionally caused, such as teasing the dog, etc., the keeper or manager may reduce or not be liable.

2. If a fierce dog that is prohibited from breeding bites others, the keeper or manager shall be liable. 3. If an abandoned or escaped dog bites another person, the keeper or manager shall bear the responsibility.

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

Article 1245: 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 1247:Where a fierce dog or other dangerous animal that is prohibited from being raised causes harm to others, the animal keeper or manager shall bear tort liability.

Article 1249:Where an abandoned or escaped animal causes harm to others during the period of abandonment or escape, the original keeper or manager of the animal bears tort liability.

Legal Analysis: Dog Owner's Liability.

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 owner of a pet dog that injures a person shall not bear criminal responsibility, except in cases where the owner maliciously injures a person with a pet. If the animal caused damage to others, the animal keeper or manager shall bear civil tort liability; However, if it can be proved that the damage was caused by the infringed party's intention or gross negligence, the liability may not be borne or reduced.

Article 1245 of the Civil Code of the People's Republic of China.

If the raised animal causes damage to others, the keeper or manager of the empty stool animal 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 is violated and safety measures are not taken for animals, causing 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.

Legal Analysis: Dog Owner's Liability.

Legal basis: Article 1245 of the Civil Code of the People's Republic of China If an animal is raised and causes damage to others, the person who raises the animal or the 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 alleged party may not bear or reduce the liability.