In recent days, the issue of “old people tripped to death by dog ropes” has once again drawn the attention of all sectors of society to incidents of dog-rearing.
In judicial practice, there are not a few cases of “dog bites” and “dog crashes”, whereas today's case is due to — dogs grow too scary.
When Ms. Zhejiang and Zhou passed through the door of the neighbour ' s house, she was frightened by her family ' s Zhiqiang, and eventually brought a serious complaint to the court for damages.
The neighbor said, "My dog doesn't bite. She's a coward. No one else can blame me."
Do you have any responsibility?
The dog didn't bite, but he freaked out.
On 22 August 2015, at about 16 p.m., Ms. Zhou took an electric car from her home to pick up her dishes from the garden and, as she passed through one of her houses in the same village, met Ting Chiu and his family's treasures on the road not far away.
Ms. Zhou, having seen Don's fear, asked him to take care of the dog or take it home.
Dante refused Ms. Zhou's request and replied with confidence: “You drive ahead and my dog doesn't bite.” Ms. Zhou, who had no choice, had had the courage to continue riding and had suddenly turned in the direction of Ms. Zhou as soon as she was about to pass by.
A picture of the dog rope.
Ms. Zhou saw the Tibetans coming closer to herself, more afraid, trying to escape in a state of panic, but overstretched, which led to a loss of balance, driving an electric vehicle into a wall, an entire person fell from the car and was injured, and, after being treated in hospital, was diagnosed as a cervical marrow injury, a high level of paraplegic paralysis, a fracture of the head, etc., and was identified as a first degree of disability.
After that, Ms. Zhou appealed to the Court for failure to negotiate with Ting on compensation.
Court decision: There is a causal link between Ms. Zhou ' s accident and the danger of the Tibetan.
They belong to larger and more violent dogs and are generally held in cages in fear, even if they are kept outside.
In the present case, the manifestation of the act of concealing damage could not be limited to attacks such as pounce, scratch, bite or noise, but rather to the danger inherent in the act itself, which, taken together with the absence of restraint at the time, was sufficiently intimidating to cause Ms. Zhou to fall from the car after her driving error, so that there was a causal link between the behaviour of some of the defendants, who had allowed her to roam the road without restraint, and Ms. Zhou ' s injuries.
However, since Ms. Zhou was aware of the dangers of the accident, and had to ride through it, and had not taken some security measures in respect of it, she was partly responsible for the accident.
Source: People ' s Court Press and Media General
The Court of First Instance and the Municipal People ' s Court ruled that the defendant, Din, was required to pay compensation to the plaintiff, Ms. Zhou, for all the financial losses totalling over $1 million.
In recent days, the Court of the Intermediate People ' s Court of Chao Xing has upheld the sentence.
The judge's statement
Please hold your dog rope!
Article 1246 of the Civil Code provides that, in case of violation of regulatory provisions and failure to take safety measures against animals that cause harm to others, the animal breeder or manager shall be liable for the violation; however, liability may be mitigated if it can be shown that the damage was caused intentionally by the victim.
In our daily lives, we are often confronted in public places with dogs that are not chained to dogs, are not held by their breeders or managers, and suddenly come out to hit pedestrians or vehicles and cause casualties. In court practice, an animal breeder or manager should also be held responsible for this type of situation.
However, the judge reminds that if an animal is known to be dangerous, or if a warning sign is seen, and the animal is stolen, seduced, beaten, etc., it is responsible for its own “adventure” behaviour even if it is injured.