What's the court's decision when there's an accident without a leash?
Case I
When Song, in the East Angang district of the city of Otunjiang, was riding an electric vehicle in the district, he fell to the ground and sustained injuries as a result of hiding from the dog, and the parties failed to negotiate compensation.
During the hearing, the judge learned that Sang-gi had not tied the dog to the leash, leaving the pet dog to run into the middle of the road, and that because of the lateness of the night and the poor light, Song-gi had been frightened by the dog that had suddenly washed out of the car and had to escape from an accidental fall. After the judge ' s patient interpretation of the law to the parties, mediation was organized. In the end, the two parties reached a mediation agreement whereby one of them agreed to pay a total of 43,000 yuan for Song ' s medical expenses, hospital meals, nutrition, etc.
Case 2
After dinner, Mr. Leung was taken for a walk with his own pet dog, who was just hit by a vehicle driven by Pan. Mr. Leung promptly called the police and the traffic police arrived at the scene to deal with the incident. After a round of consultations, the parties were unable to reach a settlement and the traffic police concluded that there was no illegal driving behaviour on the part of the driver, Pan. The following day, pet dogs were killed by euthanasia because of severe injuries. In the absence of an agreement on compensation, the two parties brought the driver, Pan, to court, seeking compensation for medical, nutritional and labour costs totalling over $15,000.
The court found that there was no fault in the driver ' s driving. The owner of the dog walked without a leash, leaving the dog out of control was the root cause of the accident, and the owner did not take safety measures to mismanagement and was fully responsible for the incident. All claims by the owner of the dog were rejected by the court in accordance with the law.
Counsel.
It is illegal for a breeder to walk a dog without a leash. The new Animal Vaccination Act of the People ' s Republic of China, which came into force on 1 May 2021, has made it clear that if a dog leaves the household with him, he shall wear a dog tag and take such measures as canine rope. According to the Civil Code, an animal breeder or manager is liable for the violation of regulatory provisions that do not take safety measures against animals to the detriment of others. If personal injury is caused, compensation shall be paid for reasonable expenses incurred for treatment and rehabilitation, such as medical, nursing, transportation, nutrition, inpatient feeding and other expenses, as well as for reduced income due to late work.
Legal application
Article 30 of the Law of the People ' s Republic of China on Animal Vaccination. Units and individual dogs shall be regularly immunized against rabies in accordance with the regulations, and shall apply for registration with the local dog registry office on the basis of an immunization certificate issued by the animal clinic.
If a dog leaves the house only, it shall wear a dog tag as prescribed and take measures such as canine rope to prevent the dog from only hurting and spreading the disease.
Street offices, commune people ' s government organizations coordinate residential committees and villagers ' committees to control and dispose of stray dogs and cats in their districts to prevent the spread of the disease.
People ' s governments at the district level and people ' s governments at the commune level, and street offices, in combination with local realities, should be responsible for the prevention and management of dogs in rural areas.
Specific methods for the management of dogs are developed by provinces, autonomous regions and municipalities directly under the Central Government.
Article 1245 of the Civil Code states that if an animal is raised to cause damage to another person, the animal breeder or manager shall bear responsibility for the violation; however, it can be shown that the damage was caused by the victim ' s wilful or gross negligence, and that the liability may be waived or mitigated.
Article 1246. An animal breeder or manager shall be held liable for any damage caused to another person by failure to take safety measures against the animal in violation of the regulations; however, liability may be mitigated by proving that the damage was caused intentionally by the victim.
Article 1249. Absorption or flight of animals causing damage to others during abandonment or flight is the responsibility of the original animal breeder or manager.