On September 16th, Chang went to the client's house as usual to feed the dog, but was unfortunately fed to the client's house. The Alaskan dog, weighing up to 100 pounds, was seriously injured in several places, including in the face, mouth and arm, and is being treated for plastic burns at the First People ' s Hospital in Guiyang City.
According to Xiao Zhang, on the day of the incident she and her sister went to the client ' s home to provide pet feeding services. As soon as the door opened, the Alaskan dog in the client ' s home was whispering, despite the fact that he had stood at the door for about a dozen seconds, despite the fact that the two men were on guard and had no nerve to act.
“At the beginning, I thought it was just familiar with my taste, so I appeased it. When I thought it was going down on me, I was going to get out of there and close the door. But in that moment, it suddenly started attacking me.
The hospital doctor and head of plastic surgery told the journalist that Zhang was still wearing a working uniform when he arrived at the hospital. Her injuries were mainly in the face, and her teeth and teeth were torn apart, which was more serious. In particular, multidisciplinary consultations have been organized, taking into account the young and high needs for external rehabilitation. Upon completion of her initial work, she was provided with a fine cosmopolitan suture by a professional doctor, who hoped to minimize the occurrence of scars and help her return to normal life in the future.
Sha Chong said that wounds sustained by dogs were not only more likely to be infected than normal traumas, but also to recover for longer periods, usually taking 10 to half months to heal. The damage to the small mouth and toothbone also requires continuous follow-up by facial surgeons to ensure recovery.
"Dogs are human friends, but they're animals." Natsaku warned that both the general public and people working with pets should be careful not to flirt with strangers. It is also important that the dog-breeding family be attached to the rope, especially when guests come to the house or go out, and that basic protective measures be taken. This is both the protection of the lives of others and the expression of responsibility for the pet itself.
He stressed in particular that if a dog was injured, it should wash the wound first with soap and plenty of water; if the wound was large, it should go to the hospital in a timely manner; even if the wound was small, it should be vaccinated against rabies at the vaccination station; and if the wound was in the face, it was recommended that it should be treated in plastic surgery as soon as possible to avoid permanent damage.
Zhang told journalists that she was engaged in house feeding and washing of her pets, which was self-employed. She and her sister are both employers and employees.
Before each receipt, they ask the client to make an electronic commitment to confirm that the pet did not actively attack. They had previously served the client three times and had not launched an attack, although the dog had also been whispering.
Zhang also described the size of this Alaskan dog, which weighs 100 pounds and stands almost as tall as a man of about 1 metre 4. At the time of the incident, the dog was neither tied nor caged. They are also afraid to wear gloves or use tools, fearing that this will further stimulate dogs.
"This type of dog can't be protected if he wants to hurt anyone, even if we bring the tools." According to Xiao Zhang, they did not do anything to stimulate dogs throughout the process. The client had informed them that the dog was likely to react to an attack only if it fed or mistakenly thought that someone had taken the toys. The attack occurred before the service had started, and she suspected that the dog might have mental problems or that the dog owner had management problems.
For the time being, the dog owner is reluctant to take full responsibility, arguing that this is a “triangular relationship” for which the “workshop” is responsible. However, the services of Zhang and his sister are self-employed and there are no corporate entities. A dispute over responsibility has arisen between the parties, and no agreement has yet been reached.
“We'll consult before we take the order, and we won't go for any money if we know the dog is aggressive.” Little Zhang expressed the hope that things would be resolved properly.
As at the time of the submission, the journalist had tried to contact the owner of the dog and had not yet received a response to his request for an interview.
Counsel: It is recommended to agree on the modalities of liability for possible violations before the provision of services
Urban “hit workers” travel frequently, with a temporary separation from pets, and traditional pet foster care often raises concerns among the owners about the unfamiliarity of the environment and the risk of cross-infection. As a result, a more thoughtful and professional solution — home-based feeding services — emerged.
However, this work hides many risks and challenges. Service personnel may encounter sexually unstable pets during their visits, and there are instances of bites or scratches, and responsibility is difficult to clarify.
In response to questions about the definition of responsibility for the bite of a pet at home, the journalist consulted Liu Qiang, Deputy Director of the Civil Professional Committee of the Guizhou Bar Association and Deputy Director of Zefon Law Office in Guizhou. He introduced:
According to article 1245 of the Civil Code of the People's Republic of China: “Where an animal is raised to cause damage to others, the animal breeder or manager shall bear responsibility for the violation; however, it can be proved that the damage was caused by the victim's wilful or gross negligence, and that responsibility may not be incurred or mitigated.” There is a need to allocate responsibility to the extent of the fault of both parties.
In the light of what is currently known about the incident, he considers that the breeder does not take safety measures such as leashing, cages and bite-proof mouths on offensive pets, and does not adequately inform the door-to-door serviceer of the nature of the pet, who is legally liable. However, compared to ordinary people (including breeders), the small sheet is a professional involved in animal feeding and washing services that should have a higher level of awareness and vigilance about the uncontrollability of animals and the risk of sudden attack. When it sees a dog, it is clear that the pet is free to operate and is a large dog such as Alaska, but it does not change services in a timely manner or take appropriate precautions (e.g. without wearing protective equipment), it does not receive attention and distance from the warning signs of the low noise of the pet, it is neglected in its self-protection, and its negligence is one of the causes of the harm.
In addition, the employer is the self-employed and, if the worker is employed by the self-employed, he or she is entitled to compensation under article 3, paragraph 2, of the Supreme People's Court's Interpretation of Certain Questions of the Law Applicable to the Review of Compensation for Damages to Persons (2022, as amended): “The People's Court shall support a claim for civil liability by a third person other than the employer for damage to the worker as a result of an infringement of the rights of a third person. If Zhang is an individual operator, he/she has the right, under article 1245 of the Civil Code of the People ' s Republic of China, to direct liability on the owners of the stock.
In practice, at present, in such disputes, the people ' s courts, taking into account the actual circumstances of the case, may well decide that service providers bear 20 per cent or more of their own responsibility.
Note: Practitioners who provide door-to-door services related to pets should focus on upgrading their skills, acquiring skills to respond to emergencies, and communicating more closely with pet breeders prior to the service, mastering the identity of the pets and alerting them to potential sexual assaults. At the same time, pet breeders should fully inform service providers about pet habits and contact advice in order to reduce potential disputes and jointly create a safe and harmonious pet service environment.
In addition, it is recommended that, prior to the provision of services, the breeder and the service provider make a clear agreement on the manner, scope, etc. of liability for possible violations (e.g., injury to pets, injury to persons, loss) in order to avoid the risk of mutual liability in the event of a dispute.