With the improvement of people's living standards, keeping pets has become a way to improve the quality of life to a considerable extent. With the development of our pet market, various expensive breeds of dogs and cats are popular pets. Snakes,...
With the improvement of people's living standards, keeping pets has become a way to improve the quality of life to a considerable extent. With the development of our pet market, various expensive breeds of dogs and cats are popular pets. Snakes, lizards, snapping turtles and other cold-blooded animals have become pets for some young people to show off their individuality. As animals, no matter how domesticated they are, there will inevitably be some aggression. Especially if some breeders and managers do not regulate their breeding, it is not uncommon for pets to hurt people. According to survey data released by the Chinese Center for Disease Control and Prevention, the number of dogs in China has reached 130 million, ranking first in the world. A large proportion of cases of dog injuries to animals are caused by pet dogs, and 90% of them are caused by owners not tying up ropes. Especially in the summer, pet dog injuries occur from time to time. The legal liability of raising pets is very high. In this regard, Chapter 9 of the Tort Liability Section of the Civil Code specifically stipulates the liability for damages caused by raising animals.
Article 1245 of the "Civil Code" stipulates the general provisions on liability for damage caused by raising animals, "If the raised animals cause damage to others, the animal keeper or manager shall bear tort liability; however, if it can be proven that the damage is If the infringement is caused intentionally or by gross negligence, the liability may be waived or reduced. "
For example, when walking a dog, the dog will only cause injuries. If the dog owner can prove that the victim intentionally teased the dog and caused injuries, the liability of the dog owner or manager can be reduced. Lawyer Shao Weiguo told reporters that before this, there were no relevant provisions in the Tort Liability Law. This is the biggest difference in civil law and better reflects the principle of fairness in civil law.
Wang and Du live in the same community. On the evening of September 5, 2016, Wang passed by the 4th door on the 14th floor of the community and was bitten on the leg by a stray dog. Wang therefore spent 1,416.1 yuan in medical expenses. It is understood that this stray dog lived near the 4-door unit building in Building 14 for a long time from the end of 2015 to September 18, 2016. During the above-mentioned period, this stray dog was fed by neighbor Du and his family for a long time.
Judge Li Rui held that good-faith feeders only feed stray animals out of love and have no intention of possessing them or intending to obtain actual benefits. Therefore, good-faith feeders generally do not bear tort liability for harm caused by stray animals. However, if a well-intentioned feeder feeds stray animals for a long time, causing stray animals to gather in a specific area for a long time, and no measures are taken to control the occurrence of related dangers, there will be a causal link between the resulting dangerous effects and the damage to the person being infringed, and the caring person will bear corresponding liability due to his or her irregular long-term feeding behavior.
In this case, the dog that bit Wang was indeed a stray dog, but Du’s feeding behavior would inevitably make the animal dependent on food, causing the animal to live nearby for a long time. Therefore, there was a relatively fixed long-term feeding relationship between Du and the stray dog. As a breeder, Du did not restrain the stray dogs to control potential dangers or send them to other public welfare institutions. Instead, he acted wantonly, which eventually led to Wang being bitten by the stray dog. Therefore, Du should bear the corresponding liability for compensation.
In today's society, more and more people keep pets, and pets have gradually become an important "family member" in the family. The impact of pets on social life has gradually expanded from the living and sanitary environment that citizens were originally concerned about to personal and property rights and even life safety. This tendency amplifies the conflicts between those who raise animals and those who do not, and intensifies conflicts between neighbors and community residents.
It is understandable to raise a pet. After all, it is fun to add a member to your family. However, when we raise a pet, we must also consider our own safety and the safety of others. Tie the dog up and pay attention to safety when walking the dog to avoid causing harm.
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