On his way to work on a motorcycle, a man encountered a dog without a leash, who was not able to escape in a timely manner, causing accidents and causing the death of the man. The man ' s family, believing that the owner of the dog was responsible for the accident, claimed damages in court.
In recent days, the Beijing City House Hills People ' s Court has concluded the case and sentenced the owner of the dog to 60 per cent of the blame according to law.
Review of the merits
On 26 June 2020, when Yang, after having worked casually and driving a second motorcycle with a foreign licence plate, came home to a certain part of Hanmura River town in the city of Beijing, hit a dog on the road, the motorcycle fell down and Yang was taken to a hospital, where he died after being rescued.
At the time of the incident, the dog in question followed Zhang on an outing and a chain of untied dogs.
Following the accident, the plaintiff, Xinchi (the wife of Yang), and others brought the defendant Zhang et al. before the court, claiming compensation for death compensation, reasonable expenses incurred in dealing with the accident, relief for moral damage, maintenance for dependants and funeral expenses totalling over 1.57 million.
According to the plaintiff, according to rural customs, dogs are generally family members, and the defendant Zhang et al., as co-nurser and manager of dogs, is liable for the consequences of the death of Yang as a result of the failure to take safety measures against the pets raised.
It's been found at the Hill Court.
According to the road traffic accident certificate issued by the traffic detachment, Yang was driving a motorbike at a speeding rate.
A motor vehicle licence to drive a motorbike by Yang was not issued by the Institute, as identified by the vehicle management.
Yang has no registered motorbike.
The number plate of the vehicle that Yang was driving on a second-wheeled motorcycle could not be identified.
The dog in question was raised by Zhang and was not registered as a dog. On the day of the incident, Zhang left the house without a chain of dogs and Zhang was fined $50.
Decision
Following the trial, the court found that, if the animal was raised to cause damage to others, the animal breeder or manager was liable for the violation, but could prove that the damage had been caused by wilful or gross negligence on the part of the victim, and could not be assumed or mitigated.
In the present case, Zhang et al., who, as the breeder of the dog in question, had not registered the dog and had left the dog with no chain, caused the dog to run on the road to the case, collided with Yang's second-wheeled motorcycle, causing the death of Yang, and Zhang et al., who had not fulfilled their management obligations and were guilty, should be held liable accordingly.
Yang's motorbike was not fully operational and his motorbike was speeding at the time of the incident, and he was personally responsible for his own death.
Depending on the circumstances of the case, it is discretionary for a person to be liable at a rate of 60 per cent and for an amount of 40 per cent.
In accordance with the court ' s legal calculations, the death compensation claimed by the plaintiff, Xin-sin et al., for the maintenance of the dependant, funeral expenses, late work expenses, calculated in proportion to the parties ' responsibilities, plus the moral damages relief of 30,000 yuan, resulted in the judgement of the defendant, Zhang et al., in compensation of over $440,000.
The judgement, which was not appealed by either of the original defendants, is now in force.
Judge's tip.
The nature of the animal determines the risk of human harm to varying degrees of its presence. Animal breeders or managers have regulatory obligations.
In the event of damage to others as a result of a dog walking outside the house, the responsibility for the violation lies with the owner or manager of the dog.
It is important to remind the owners of pets that when they walk, they must hold the dog together, do not hold the minor partner in hand, and do not tease the stranger dog when they come out of the house, in order not to cause you unnecessary harm.