In today ' s society, a growing number of young people prefer pets, even when parents rush into marriage so that they do not listen, say that they cannot afford them now, so they take them instead, so much more expensive than raising them.
But it is a good understanding that today's society is moving too fast, that young people are struggling enough to survive, and that having to take responsibility for their families and their children is a sin for themselves. It would certainly be easier to raise a pet than to raise a child, but the comfort that pets bring to modern young people has multiplied, and no wonder the pet industry has become a fire industry for years.
But it has to be acknowledged that, as cats and dogs become more popular, many pets are simply followed by wind and do not really take responsibility for their pets. For example, many dogs cannot be restrained, dogs walk without ropes, dogs do not carry newspaper bags, and dogs do not lead.
Ms. Liu, who lives in Jiangxi Ping Town, had a dog-related incident on her way to work.
At more than 7 a.m. on 30 April 2019, at an early peak, Ms. Liu was on her way to work, and it was unexpected that a large dog had suddenly appeared on the side of the road after the autumn uprising square.
The type of dog is Alaska, a sleigh dog with great loyalty to the master and a beautiful look. But Alaska, along with Samoye and Hastych, has been dubbed as a “sleigh-sleigh-sled,” a dog with a wide range of undisciplined, highly disciplined, and a vagabond.
Ms. Liu was not well aware of the dogs, nor was she aware that Alaska was generally gentle, and when she saw the sudden emergence of a dog of such large size, chasing herself, the fear in her heart was astonished to the ground, and she felt injured.
Alaska is owned by Mr. Lee, who takes his dog out every morning and takes it to the toilet because of the energy of the dogs. This time, too, Alaska used to use the toilet on the lawn, and suddenly went straight for Ms. Liu and threw it down. Although Mr. Lee arrived in time for the diversion of Alaska, Ms. Liu ' s injuries were caused.
Ms. Liu felt seriously injured when she fell in shock from her dog and chose to go to the hospital for an examination, which revealed that Ms. Liu had a crushing vertebrae, which was a category 10 disability.
Having been struck by a dog, not only had he fallen, but he was also injured, in need of hospitalization, and had to take a leave of absence from work, as well as being seriously frightened, Mr. Lee was sued for compensation for his medical expenses, loss of work, moral damages, etc., for a total of $189.77 million, and the costs of the proceedings were borne by Mr. Li.
When Mr. Lee was summoned to court, he found himself in a state of frustration, and it seemed to him that, although he had not made a mistake with the dog's lead and rope, he had chosen to hold him back at the time of the Alaskan powder, and when he held her dog, the dog was two metres away from Ms. Liu, which was entirely because Ms. Liu had fallen because she was too afraid, rather than being bitten by her dog.
This also proves that her dog, though a large dog, was not intended to hurt anyone, and that Ms. Liu, although frightened by the dog, was primarily her own responsibility and not that of the dog. Is it reasonable for Ms. Liu to sue Mr. Lee? Will Mr. Lee's statement be accepted by the court? In fact, from the point of view of both of them, they all have a certain point of view.
From Ms. Liu's point of view, she doesn't know Mr. Lee's dog, nor does she know if he's biting anyone, and suddenly she sees a dog so big coming out and running to her own side.
Moreover, according to article 1246 of the Civil Code of the People's Republic of China: “In the event of a violation of regulatory provisions, the animal breeder or manager shall bear responsibility for the violation if no safety measure has been taken against the animal; however, liability may be mitigated if it can be proved that the damage was caused intentionally by the victim.”
Today, cities have policies to regulate dogs, and tow ropes are the main focus. Mr. Li himself has not managed his own dog and has failed to take effective security measures, resulting in damage to the dog. Mr. Li should be held responsible for the violations and compensate for them.
However, from Mr. Lee ' s point of view, his dog did not bite or pounce, and Ms. Liu ' s injuries were caused solely by her own wrestling, not by a dog. This means that Ms. Liu ' s level 10 disability, although she has greater responsibility for herself, has now shifted all her part of her responsibility to the dog, which is wrong.
According to article 1245 of the Civil Code of the People's Republic of China: “Where an animal is raised to cause damage to another person, the animal breeder or manager shall bear responsibility for the violation; however, it can be proved that the damage was caused by the victim's wilful or gross negligence and that responsibility may be waived or mitigated.”
In fact, the case was not large and was a civil dispute, and the court had to rely on conciliation, and in the case of 20 December 2019, when the parties were unable to agree on the amount of compensation, it was finally decided to mediate out of court. The mediation results showed that due to the faults of both parties, the final payment was in the half of the sum, that Mr. Lee compensated Ms. Liu for the costs of $91,000 and that the costs of the proceedings were shared by the parties at $1,000.
After this, we can think that now that the number of people raising pets is growing, it is necessary to raise them legally and avoid unnecessary losses.