Regulate dogs as protecting others as well as themselves. In recent days, the Yellowstone Court has considered a dispute over liability for damage caused by animal breeding. On her way home on her bike, Ms. Zhang was frightened by a dog without a leash, who fell on the side of the road, and the owner of the dog was awarded $210,000.
At 8 a.m. on 19 November 2018, when the weather was clear, Ms. Zhang came home on a bottled car, passing through a village road in Sakaki, and suddenly a shadow came over...
"I looked at it, it was a big black dog, and I was screaming at me. I was in a hurry to hide, and when the electric bottler came around, I even fell on the floor with a man, and my left foot fell, and I couldn't stand up. “Remembering the day, Ms. Zhang is still a bit upset.
Following the incident, a police officer from the police station arrived at the scene and Zhang's family paid $12,080 in medical bills on the spot and sent Ms. Zhang to medical treatment.
Ms. Zhang was hospitalized for 23 days and was identified as a category 10 disability. She asked the owner of the dog to bear the costs of medical care, nursing, work-wrecking, disability compensation and moral damages, totalling more than $210,000, but the parties failed to agree. In recent days, Ms. Zhang ' s complaint has brought Zhang ' s complaint to court.
In court, Zhang had argued: “My dog didn't pounce on you, when the civilian police offered to have my family take you to the hospital and deal with the traffic accident.” Ms. Zhang, who believed that Ms. Zhang had accidentally fallen, had no causal link to the dog he raised and was unwilling to assume responsibility.
The Yellowstone Court found that, based on the evidence provided by the parties and the facts ascertained, the public security department's police report had detailed that the alarm had been “dogs chasing bottles, which caused the owner to fall and injuries”; the police station's police officer who came out of the police station and recorded in the law enforcement record that a member of his family had admitted that “the dog was going after the vehicle as soon as it was stopped slow and the dog might be frightened”.
Animal harm has become a particular type of tort, mainly because of the risk to the animal, which does not refer only to injuries caused by physical contact, but also to shock to others.
Zhang, as a dog breeder, failed to fulfil his reasonable management obligations and allowed the dog to pose a certain risk to the passers-by, causing Ms. Zhang to fall and fall into shock and injury, and Huangjia found Zhang liable.
Zhang didn't think of it. At such a high price, Zhang's family almost fainted.
The judge reminded the public that the dog had to follow the rules of dog-keeping and that the dog was to be taken out of the house carefully to hold the dog's ropes and to wear a holster. Ignoring the rules and being irresponsible, it is too late to repent if an accident occurs.