From January 1, 2021, the new regulations of the Civil Code will be implemented, which are closely related to everyone. Today I will talk to you about who should be held responsible if you are bitten by a dog.
Friends who raise dogs pay attention. There are many people who raise dogs. Dogs mainly go out for walking every day. If someone deliberately teases the dog and is bitten by the dog, should the owner take responsibility?
According to Article 1245 of the Civil Code, if feeding animals causes damage to others, the animal breeder or manager shall bear tort liability; however, if it can be proved that the damage was caused by the intentional or gross negligence of the infringed person, the liability may not be assumed or reduced .
In other words, if a dog takes the initiative to bite, it needs to bear the responsibility, but if it is deliberately teased and bitten, or attacked and bitten, then it can take no or less responsibility.
then stipulates in Article 1246 that if the animal is not taken safety measures to cause damage to others, the animal breeder or manager shall bear the tort liability; however, the liability can be mitigated if it can be proved that the damage was caused deliberately by the infringed. The main difference between
and the previous one is whether safety measures are taken for dogs. If no safety measures are taken, even if the bite is deliberately caused by the person, he still needs to bear responsibility. It just says that the responsibility can be reduced, but the responsibility cannot be exempted. Therefore, when raising and walking dogs, safety measures must be taken, such as vaccinating dogs and tying ropes when walking dogs.
In addition, according to Article 1247, if dangerous animals such as fierce dogs that are prohibited from raising cause damage to others, the animal breeder or manager shall bear tort liability. In other words, dogs that are not allowed by laws and regulations, such as Tibetan Mastiffs and Bull Terriers, should be held responsible if they bit someone, whether it was caused by the bite or not.
So who is to blame for stray dogs biting people?
According to Article 1249, if an abandoned or escaped animal causes damage to others during the abandonment or escape, the original breeder or manager shall bear tort liability. Therefore, don’t just abandon your dog to turn it into a stray dog. You must also manage it to avoid the escape of the dog and turn it into a stray dog. The owner is responsible. However, the escaped dog just lost the management right, the ownership has not changed, and the dog still needs to be held responsible for hurting others.
Of course, stray dogs also apply to the provisions of Article 1245, if it is caused by the injured person deliberately or gross negligence, the liability can be reduced. If
can't find the original owner of the stray dog, then there is no clear responsibility. However, according to Article 1198, operators, managers, or mass event organizers of hotels, shopping malls, banks, stations, stadiums, stadiums, entertainment venues, etc., public places have not fulfilled their security obligations, resulting in If others damage, they shall bear tort liability.
In other words, if a stray dog cannot find its owner, but the bite occurs in the above public places, the manager of the place can be required to bear the corresponding responsibility.
Therefore, three things need to be done for walking the dog:
first, take safety measures, vaccinate the dog, and walk the dog on a leash;
second, don’t abandon your dog at will;
third Don't let your dog escape.
For passers-by, that is not to deliberately tease the dog, let alone harm other people's dogs for no reason, otherwise, the owner of the dog will not be responsible or take less responsibility after being bitten.
