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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."
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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.
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The owner of the dog bites a person needs to bear tort liability, including the responsibility to stop the infringement and compensate for the loss. However, if the owner can prove that the victim was intentional or grossly negligent, the owner may not bear responsibility or reduce the owner's responsibility accordingly.
[Legal basis].
Article 1245 of the Civil Code Where an animal raised 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 by failing to take safety measures for 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.
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Analysis of legal differences: if the animal caused damage to others, the animal keeper or manager shall bear tort liability; However, if it can be proved that the damage was caused by the infringed party's intentional or gross negligence, the liability may not be borne or reduced.
Basis of the law: 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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