The issue of dog breeds in cities becomes a phenomenon, with a lot of questions coming from dogs: Should a dog be allowed in cities? How do we regulate civilized dogs? What about dogs that bite people?
Today, we'll talk about pet dog bites!
- I got bit by someone else's dog.
This cannot be said to be general in that, legally speaking, pet dogs have property attributes and are the private property of the caregiver, and civil damages may be imposed for the intentional destruction of private property if it is not the case that the dog who kills another person in an emergency.
In a situation of attack by a dog, the infringer may take measures against the dog under the “emergency avoidance” law, which means that in an unavoidable conflict of interest, the perpetrator, in order to prevent “more serious” loss, puts high-value benefits above low-value benefits, with the result being positive for society. In order to prevent “more serious” losses, the perpetrator places a high-value interest above a low-value interest as a last resort, in violation of the legally protected interests of others, and thus in the positive interest of society, the violation is lawful.
Therefore, the fact that the dog based on another person is attacking you, and in the event of a conflict of interests between your “right to physical health” and “the property rights of others”, that you have taken the offensive approach to kill the pet dog in the circumstances that are necessary, while violating the property rights of others, constitutes an emergency avoidance, since your aim is to protect your right to physical health.
In such cases, as your actions are lawful, you are not liable.
There is also a situation in which the dog bites you because of provocations or attacks on the dog, in which case, because you caused the dog attack, you are guilty or negligent and therefore do not constitute an emergency avoidance, and you are liable for the death of the dog.
In real life, pet dogs are usually tied up to avoid pet dog bites. And should it be the responsibility of others who walk without a dog, or when a dog sees a man and attacks a pedestrian? It is hoped that this knowledge will be useful.
Cases
Zhang San, a hotel owner, raised an Alaskan dog.
There was a crossing building near Zhang San Hotel leading to an unbuilt construction site.
One day, Zhang three dogs were tied to a fence across the street and went to the hotel to do business.
On the same day, three friends, Li Qian and Wang Qi, in one row, had been drinking in another hotel near Zhang San's hotel.
After dinner, Li and Wang were out of the hotel, and they were waiting for the other two to talk in front of the building.
During this period, Li took up the telephone call and entered the street building, where he was somehow bitten by a dog on a leash.
After Li withdrew from the street building, he and Wang were standing at the door of the street floor and wooing the dogs, and the other two friends came out.
After sending the other two friends away, after a few minutes, Li went to the store and found a head stick about 1.5 metres long, and went back across the street building, where Wang stopped.
Lee hit the dog with a big stick, and the Alaskan dog escaped from the rope and went under the nearby vehicle. The shopkeepers in the surrounding shop came out and Zhang San was not out.
Li has thrown it out with a big stick and hit him with a big stick. The Alaskan dogs fled under the other vehicles, continued the beating after Li had been expelled, stopped the Alaskan dogs and continued the beating after Li had observed.
The Alaskan dogs struggled to hide in the green belt on the side of the road, and Li went after him and continued to beat them for a dozen times until Alaskan dogs stopped.
Li Qi then reported to the police that he had been bitten by a dog, and when the police arrived at the scene, Zhang found out about the incident. Zhang San and Li Qi were in a dispute, and the police advised Zian Zi to go get a vaccine and treat the dog.
Zhang San spent more than 4,000 on dog injuries, but the dog died three days later because the treatment was ineffective.
Zhang Soo took Lee to court and asked him to pay $30,000 for financial losses (Alasga dogs worth $20,000, medical expenses: $4360, transportation costs: $480, labour costs: $3,000, livestock costs: $2160).