As the modern economy continues to develop, children become more busy and less time with their parents, and older people become psychotic and start raising pets such as cats and dogs. As hidden problems continue to emerge, there are occasional reports of pet bites in the news. So what is the responsibility of the dog owner? The Civil Code says so!
Case
Mr. Xu, a 67-year-old hive, one day he met a stray dog on the side of the road, and had mercy in his heart, so he adopted the puppy as a pet to relieve the loneliness. After a few days, Mr. Xu went out to walk the dog, and the dog who listened to him got emotional and broke off the rope and bit the kid who was playing with him. It's time the Lord knew, it's trouble.
Civil Code Analysis
The frequency of pet injuries is undoubtedly alarming. In order to regulate the behaviour of breeders or managers and to prevent them from causing harm to others, Chapter X of the Tort Liability Act specifically provides for liability for harm caused by animal breeding. The Civil Code essentially follows the existing provisions of the Tort Liability Act on liability for damage caused by animal breeding, but slightly adjusts the provisions on liability for damage caused by animal breeding.
Article 1245 of the Civil Code provides for liability for damage caused by the raising of animals: “In the event of damage caused to others by the raising of animals, the animal breeder or manager shall bear responsibility for the violation; however, liability may not be incurred or mitigated if it can be proved that the damage was caused by wilful or gross negligence of the victim”.
In terms of the provisions, the Civil Code regulates the issue of “petty injury”, which is more scientific and reasonable in the light of the evolution of the content; the legislative purpose of the change in content is to establish a clear division of responsibilities as to which circumstances may constitute grounds for dereliction of responsibility by animal breeders or managers, and to induce compliance with the safe management of animals raised;
In the above cases, although Master Xu had fulfilled his reasonable management obligations for the pet while walking the dog, and had put a tow in it, his pet did, in terms of the result, harm the innocent friend next to him and bear the corresponding liability for damages.
Here, the Civil Code reminds citizens of pets that article 1249 of the Civil Code provides that “an animal who abandons or flees during abandonment or flight causes damage to another person shall be held responsible for the violation by the original animal breeder or manager”.
In fact, a significant proportion of the animal injuries occurring in the cities are homeless, most of them abandoned or fleeing. So, every friend with a pet must be careful not to leave the pet behind.