Civil Code-[Abandoned, escaped animal causing harm]
1. Case
Zhang San had a pet dog many years ago. Recently, because Zhang San had a girlfriend, his girlfriend did not like pets. Zhang San was reluctant to kill his pet dog, and asked his friends and no one wanted to take it in, so Zhang San planned to put the pet dog in the wild and let him fend for himself. On January 1, 2021, Zhang San’s abandoned pet dog bit a passerby and the passerby spent 10,000 yuan on medical expenses. Because Zhang San’s pet dog had a collar with Zhang San’s name and phone number, passers-by found Zhang San and demanded compensation from Zhang San. Zhang San thinks that although this pet is his own, he has not kept a pet for a long time. The pet is regarded as returning to nature after being put in the wild. There is no way to manage it. The bite of a passerby is an accident and is borne by passers-by. I am not responsible. Does Zhang San's statement make sense? why?
(the case comes from self-edited)
2. The question is raised
1. Who will be held responsible for the injury caused by the abandoned animal?
2. Should the abandoned person take responsibility? 3. The Civil Code stipulates that
"Civil Code"
Article 1249 [Responsibility for Damage to Abandoned or Escaped Animals] Abandoned or escaped animals that cause damage to others during the period of abandonment or escape shall be raised by the original animal The person or administrator shall bear tort liability.
4. Lawyers’ analysis opinions
According to the provisions of the Civil Code, if an abandoned or escaped animal causes damage to others during the abandonment or escape, the original animal breeder or administrator shall bear the tort liability.
In other words, if a stray cat or dog has an accident, the owner or manager of the original pet will bear the responsibility.
V. Conclusion
1. According to the provisions of the Civil Code, if an abandoned animal causes damage to people, the original owner or manager of the animal shall bear the responsibility. Therefore, the loss of passersby in this case should be borne by Zhang San.
2. If you don't keep your pet, you can't just abandon it, otherwise, the owner of the pet will still be responsible for the accident, and the risk is still quite large. Of course, if the owner is not found, it is another matter. But from the perspective of social ethics, it is better not to abandon pets at will. So be careful before adopting a pet.
