The two dogs met, the moodal golden fur dog bited the dog, and the dog gave him medical treatment, which resulted in significant medical expenses. Recently, the People's Court of the Penang District of Shanghai heard a dispute over damages for property damage caused by dog bites.
A small walk by a golden fur dog.
Hao, who led his own teddy dog for a walk in the district, met with a golden fur dog who had not worn a mouthpiece when he was at the gate, who had been emotionally disturbed by previous clashes with other dogs, broke off the rope, bit one of the tady dogs, and paid a great deal of medical expenses for pets to treat the dog ' s injuries. To defend his legitimate rights, Hao appealed to the Shanghai Sealine Court.
The plaintiff, Hao, claimed that the defendant was liable in full for the plaintiff ' s loss because of the consequences of the bite on the dog, as a breeder and manager of a golden fur dog, when he left the dog without wearing the required mouthpiece and without managing the dog ' s behaviour.
The defendant, Queen of Goldhound, argued that the plaintiff, one of whom was an unlicensed teddy dog, was responsible for the injury to the dog, since at the time of the incident the plaintiff, one of whom had no tugs on his dog and had engaged in provocation. In addition, the teddy dog, who had previously suffered from the disease and the cost of treatment, had the suspicion of “painting” the dog to obtain high compensation.
After hearing the facts and the evidence of both parties, the People ' s Court of the Bankan District concluded, in the light of the controversy:
Should the defendant be liable?
After examination, the defendant did not wear the required mouthpiece when he went out with one of the gold fur dogs and then bit the plaintiff, a towed Teddy dog. The defendant is liable as the keeper and manager of the golden fur dog.
Can the liability of the defendant be reduced?
There is no causal link between the existence of a certified stocking of a teddy dog and the occurrence of the damage in the present case, which cannot serve as a basis for mitigating the liability of the defendant. In the present case, the individual causes of the body, the old injury, etc., were not the subject of a statutory mitigation of the defendant ' s liability as a tortist and liable person. The case was a special tort dispute and the principle of responsibility without fault should be applied in accordance with the law. As to the defendant's allegation that the plaintiff had been able to obtain a high amount of compensation by using a teddy dog to “punches”, the court found it difficult to believe that it had failed to provide sufficient evidence.
In summary, the court ruled that the owner of the golden dog was liable in full for his loss.
Word: Don't touch strangers.
Neither dog bites nor dog bites occur as a consequence of the neglect of a pet. A pet's appetite for pets is understandable, but it is important to note that excessive pursuit of pet freedom, in violation of the relevant legal provisions, can cause some trouble.
In this regard, the judge recalled that the pets should comply with the relevant provisions of the Civil Code of the People ' s Republic of China and the Shanghai City Dogs Regulations, and that dogs and civilized dogs are provided for by law. For example, when engaging in outdoor activities with dogs of love, the towed rope is essential, and large dogs need only properly to wear a condom, while maintaining a tight lookout on dogs of love while avoiding, to the extent possible, the risk of causing harm to others and unnecessary disputes, especially the elderly, the disabled, pregnant women and children.
Dogs should be warned when they come into contact with strange pets. Although pet dogs have a long life with people, their variety, character, the way they are raised by their owners, the onset season and so on can lead to attacks. It is therefore not easy to touch strange pets without knowing them. In addition, special attention must be paid to the safety of children. Do not let children approach pets alone or leave them alone, and teach them the right way of contact and the way they live with pets. At the same time, a dog is responsible for his own mistakes, which cause him to be bitten by a pet.
In the case of canine management, on the one hand, it is hoped that the authorities concerned will continue to refine the regulations governing canine management. For example, limits are placed on the type and length of dog towed ropes; clear delineation of management responsibilities; and broader channels of complaint and reporting of violations of dog control, more efficient enforcement and less costly enforcement.
On the other hand, it is hoped that the authorities concerned will continue to increase their penalties for violations of the regulations on dog management. For example, there are provincial and municipal regulations that increase the fine and may be supplemented by a penalty for withholding dogs, organizing the pets to learn the rules and evaluate them, enabling the dogs to be recovered only after a test, and allowing the pets to keep their dog in their hearts and minds by learning and genuinely enforcing the law!