[Pick up the light] The stray dog hurts people, who is responsible? 2021/9/15(264)

2021/09/1523:43:02 housepet 1509

Stray dogs hurt people, who is responsible?

Keywords: stray dogs hurt people

With the improvement of living standards, many families now have the habit of keeping pet dogs. However, due to various reasons, the pet dogs kept are abandoned or escaped due to poor management, leading to a large number of stray dogs in the society, and the resulting incidents of stray dogs hurting people are not uncommon. In this case, who will be responsible for compensation to the victims?

Basic case

One day in April 2020, when Uncle Li was walking in his home, he suddenly jumped out from the side and a little yellow dog bit his left leg. Uncle Li went to the hospital to inject rabies immediately. Vaccine, a total of 3,600 yuan was spent on rabies vaccine and other expenses. Afterwards, Uncle Li went through various investigations and learned that the little yellow dog who bit him was owned by Wang from another neighborhood nearby. So, Uncle Li found Wang to negotiate compensation, but Wang refused. Wang said that he did raise the dog for several months, but he abandoned it after biting his family at the end of last year. The dog has become a wild dog. It is no longer a breeder or manager. There is no obligation of breeding or management, so he should not bear the injury and loss of Uncle Li. In desperation, Uncle Li sued to the court. In the end, the court ruled that Wang should compensate Uncle Li for rabies vaccine and other expenses of 3,600 yuan.

Article link

Article 1249 of the Civil Code stipulates that if an abandoned or escaped animal causes damage to others during the period of abandonment or escape, the original animal breeder or manager shall bear the responsibility Tort Liability.

Prosecutor's statement

This article in the Civil Code divides the liability for abandonment and escape of animals into two types: abandonment and escape.That is, whether it is the keeper or manager who voluntarily renounces possession of the animal or passively loses possession of the animal, as long as it objectively causes the animal to leave the keeper or manager’s control and cause damage to others, the consequences should be borne by the original reason. The breeder or manager shall bear tort liability.

Specifically, an abandoned animal refers to an animal whose original owner voluntarily gives up ownership. Although the original owner gave up the de facto management and rights of the animal, in view of the animal's own dangers, and based on the original owner’s duty of care for social and public safety and other factors, we should still consider the improper management of the animal. Compensation for losses. An escaped animal refers to an animal that has no intention of abandoning by the original owner, but unexpectedly loses control. The ownership of the escaped animal still belongs to the original owner. When such an animal infringes on others, the original owner should be liable for damages.

Therefore, if the abandoned or escaped animal causes damage to people, the original owner shall be liable for damages. If the abandoned or escaped animal has been in fact possessed and managed by others, the actual possessor shall bear civil liability.