What legal responsibility should the owner bear for the dog bite

Updated on society 2024-08-03
7 answers
  1. Anonymous users2024-02-15

    The owner of the dog that bites the person is legally required to pay compensation. If a dog bites a person and causes injury or property damage, the dog owner (keeper or manager) needs to bear the legal consequences. In general, only civil liability for tort damages is required, but if the dog owner drives the pet to bite, the dog owner may constitute the crime of "intentional injury or intentional homicide".

    [Legal basis].

    Article 1245 of the Civil Code.

    Where the 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.

    Article 1246.

    Where management provisions are 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.

    Article 1247.

    Where a dangerous animal such as a fierce dog that is prohibited from being raised causes harm to others, the animal keeper or manager shall bear tort liability.

  2. Anonymous users2024-02-14

    Bear the corresponding tort liability.

    According to the law, the act of causing damage to a person by an animal is a special tort, and the principle of attribution in this type of case is the principle of no-fault liability, that is, as long as there is a causal relationship between the damage result and the actor, the tort liability must be borne, and the burden of proof in the lawsuit is also borne by the actor, that is, the dog owner.

    If the dog bites a person due to the fault of a third party, the third party can be required to compensate, or the keeper or manager can be required to compensate, but after the keeper or manager has compensated, there is the right to recover from the third party.

  3. Anonymous users2024-02-13

    The owner shall bear tort liability compensation for his failure to manage the breeding well.

    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.

    Article 1246 of the Civil Code of the People's Republic of China: 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 liability can be mitigated.

    Article 1247 of the Civil Code of the People's Republic of China: 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. It stipulates: "If a raised animal 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."

  4. Anonymous users2024-02-12

    Legal analysis: Civilized dog raising is not only a personal choice, but also the obligation of dog owners.

    If a dog bites a person, the owner must not only bear civil liability for compensation, but even bear criminal liability in serious cases. According to the law, the act of causing damage to a person by an animal is a special tort, and the principle of attribution in this type of case is the principle of no-fault liability, that is, as long as there is a causal relationship between the damage result and the actor, the tort liability must be borne, and the burden of proof in the lawsuit is also borne by the actor, that is, the dog owner.

    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.

  5. Anonymous users2024-02-11

    According to the law, the act of causing damage to a person by an animal is a special tort, and the principle of attribution in this type of case is the principle of no-fault liability, that is, as long as there is a causal relationship between the damage result and the actor, the tort liability must be borne, and the burden of proof in the lawsuit is also borne by the actor, that is, the dog owner.

    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 the responsibility for the trespassing; 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 of the Civil Code of the People's Republic of China: 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 liability can be mitigated.

  6. Anonymous users2024-02-10

    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.

  7. Anonymous users2024-02-09

    Legal Analysis: A dog bites a person and causes damage to others. The owner of the dog 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.

    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.

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