Dogs are human best friends, not only with lovely appearances, but also with most of them being very gentle to all, so that for many families they raise their own cubs together with dogs, and children and dogs tend to build good friendships. If parents want to beat children, dogs even use their bodies to block them, and the baby does.
But just as all people are not necessarily good people, there are dogs who don't like being close to people and follow their masters. In particular, some of the large dogs specified by the State require the necessary security measures for such strong dogs. But just in 2017, there was an unfortunate dog bite.
On April 16, 2017, a six-year-old kid was playing in the neighborhood. His name was Shaggy, and she usually played in the neighborhood with other kids, as long as she promised. At 4 p.m., while a young man was playing, a large dog came out suddenly to bite the young one, causing a tear to his face.
Her mother was not informed until the neighbours of the district that her child had been bitten by a dog and rushed down the stairs to the hospital with her son. That evening, Xiaoxiang was sent to the local hospital for surgery such as right eye laceration, which indicated that, owing to a temporary shortage of rabies vaccine, she could only be treated for simple disinfection, stitching, etc., and advised to go to other hospitals with vaccine reserves within 24 hours.
On the morning of 17 April, Xiaoxiang was taken to the district hospital for rabies vaccination, but 10 days after his release, rabies symptoms (almost 100 per cent if rabies were not treated in a timely manner) were observed. In the early hours of 22 May, Xiaoxiu died after being rescued and her mother was saddened.
After calming her emotions, her mother decided to seek justice for her children. The first thing to do is to find out which dog bit her. The video from the small section surveillance room shows that the dog who had bitten Xiao Chi was the owner of the small section Li and for some reason, and that the mother believed that not only the dog owner, but also the small section and the hospital were responsible, and then all three parties were brought before a court of law, hoping that the court would act fairly.
The award of compensation must then be based on the defendant ' s dog owner, the district, the hospital, whether or not there has been any violation of the law or fault. The first is the owner of the dog, who, following surveillance and the investigator ' s assessment of the big dog who bit the baby, shows that the dog Li and the dog for whom he was raised belong to a category expressly prohibited by the State. According to the Urban Dogs Regulations, dogs must be registered in accordance with the law and must be vaccinated to ensure public safety and the safety of dog owners ' lives.
There are 26 types of dogs in the country, which are generally not permitted as long as they are large dogs with shoulder heights above 35 cm or very aggressive dogs. The large dogs raised by Li are not only not dealt with in accordance with the regulations, but are also aggressive dogs prohibited by the State.
In addition, article 1246 of the Civil Code provides that the animal breeder or manager shall be liable for any violation of regulatory provisions that do not result in damage to another person by taking safety measures against the animal; However, it can be shown that the injury was caused intentionally by the person who has been the victim of the violation and that the liability can be mitigated. The dog, who had not been embroiled, had been listed in the recent amendments to the Civil Code, which made it illegal for the dog owner, Li, to make a profit even if it had not caused casualties.
So is there any violation in the neighborhood? For the time being, we are not talking about the law, and the fact that the owners of the small districts live in the small areas and that the corresponding expenses should be paid for the good services of the small areas is the most basic reason for doing business. As a child of the owner, the area of activity is a small area, which is responsible for its safety or which has a clear and visible warning sign, but which has not been done.
Under article 1198 of the Civil Code, persons who operate hotels, shops, banks, stations, airports, stadiums, entertainment establishments, etc. in public places, operators, administrators or organizers of mass events do not fulfil their obligation of safety and security and cause damage to others are liable for violations.
As operators of property, the sub-regions have a duty to safeguard the consumers of the sub-regions. When a dog was bitten, none of the security personnel came forward to stop and treat her, and it was the neighbour who informed her that she became aware of her condition, that the district was not complying with its security obligations and that compensation should be paid.
Not only is it aimed at Xiaowei and Xiaowei's mother, but the district should be discouraged from the dog's owner, Li Chi, and for profit. Li, for the purpose of raising illegal dogs in a small area, even if there is no contractual relationship between the small area and Li, among others, as a citizen and a legal enterprise, should be discouraged in a timely manner and may, if necessary, report them to the public security authorities.
Hospitals have medical and assistance obligations for patients. When Xiaoxiang's mother passed over, the hospital had no vaccine, but Siu Xiao was different from the adult, and its immune mechanism was more fragile than that of the adult population. Although the injection of vaccines within 24 hours after being bitten by a dog was no problem, a six-year-old child such as Siu Xiao should be treated as soon as possible, and arrangements should be made for rabies to be transported.
In accordance with article 1222 of the Civil Code, hospitals are guilty of violating the provisions of laws, administrative regulations, regulations and other relevant medical norms in connection with damage suffered during medical activities. As a result, the first hospital visited by Xiaoxiang's mother was liable.
Differing causes of dog owners, subdivisions and hospitals have led to the death of a minor and a causal relationship has been established. The three parties shall be liable. Finally, following a ruling by the Central Court of Shuuhu that the claim for 800,000 yuan was lawful and reasonable, the court of first instance ruled that Li, for a 35 per cent liability, should pay 273,102 yuan, the residential property should pay 20 per cent, and the hospital should pay 15,6058 yuan, while 45 per cent of the maximum liability should be paid for 35,131 yuan.
Safety is always the red line of life, and the safety of the three parties, both mothers and defendants, must always be borne in mind, and it is an unacceptable sad fact that as young as six years old, it is too important to say “prevent before” and is often the happiness of a family.