Civil Code-[General Provisions on Liability for Raising Animals]
1. Case
On January 1, 2021, Ms. Wang took her pet dog to the park for a walk. When she was walking, she encountered There are a few people traveling. There were also a few children among the traveling crowd, because they liked pet dogs, so they came to watch. Thinking that her pets are also very docile, and the people watching also like pets, Ms. Wang didn't care too much. Suddenly, somehow the pet dog directly bit the onlookers next to him. Although he was immediately sent to the hospital for a rabies vaccine, the victim Chen was unwilling to give up and asked Ms. Wang for compensation. However, Ms. Wang believed that the children were bitten when they came to play with the dog. If they did not come to tease the dog, the dog would not bite, so no compensation would be admitted. Does Ms. Wang's statement have a legal basis?
(the case comes from the Internet)
2. The question is raised
1. Should the pet be held responsible for biting? Under what circumstances should bear the responsibility?
2. Under what circumstances can the responsibilities of animal breeders be reduced?
3. Civil Code provisions
"Civil Code"
Article 1245 [General Provisions on Liability for Raising Animals] Where an animal raised 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 infringee's intention or gross negligence, the liability may not be assumed or reduced.
IV. Lawyers’ analysis opinions
1. According to the provisions of the Civil Code, if the animal raised causes damage to others, the animal breeder or manager shall bear the tort liability; however, it can be proved that the damage was caused by the infringed intentional or gross negligence, Can not assume or reduce responsibility.
Therefore, if an animal raised by an animal breeder causes damage to others, the animal breeder shall be liable for tort damage.
2, but if the damage is caused by the infringee's intentional or gross negligence, the animal breeder's tort liability can be appropriately reduced. For example, if the infringer deliberately provokes the animals raised by others, or intentionally harms the animals raised by others to cause infringement of the animals raised by others, or knowing that the animals raised by others cannot be approached but still approach, the animal owner's tort liability can be appropriately reduced.
5. Conclusion
Although passers-by went to play with the puppies raised by Ms. Wang, Ms. Wang did not prohibit others from approaching her own animals, and even allowed others to approach. In this case, passers-by were bitten by the animals raised by Ms. Wang In general, Ms. Wang is liable for tort. As to whether part of the liability can be reduced or exempted, it depends on the objective circumstances at the time. That is to say, whether the passerby was bitten by the dog due to intentional or gross negligence in the process of teasing the dog. If there is, part of the tort liability can be reduced or exempted, otherwise it cannot be reduced.
