Dogs are a hobby of some people, but no matter what kind of hobby, you can't block others, let alone endanger others' personal safety and health. Otherwise, you can't escape your liability for compensation if you are eloquent, hype, and refer to a deer as a horse.

Going out and being chased by dogs, car overturned and injured

Lu Yunli, who is in her 60s, lives in a community in Yuanmou County, Yunnan Province. Although she has retired, Lu Yunli's life The rhythm has not changed. I get up on time every day, exercise, and then go out to buy vegetables. This is also the ordinary life of many retirees. The years are quiet and they are very happy.

However, in the second half of last year, a sudden accident made Lu Yunli's later life a little more unpleasant. Not only did Lu Yunli get injured for no reason, but she also had a lawsuit with the other party because of this incident. The details not only gave way Yun Li is still upset, and more importantly, it disturbs her originally happy and peaceful life.

One early morning in December 2021, Lu Yunli got up as usual. After cleaning up, she came to her garage downstairs and launched her usual bicycle to go out to buy food. However, in the blink of an eye, there was a big dog at the door of the garage.

I saw the big dog with a ferocious expression, panting continuously, and occasionally opening his mouth to spit out a letter. Because she has never raised a dog at all, Lu Yunli couldn't help but feel a little guilty when she saw such a dog, because she was afraid that her actions would irritate and beat the dog, so she had to wait patiently for the big dog to leave in the garage.

However, after about half an hour, the big dog had no intention of leaving at all. Lu Yunli, who was eager to go out, was helpless, and the dog's owner was never seen, so she gathered up the courage to repell the dog. . In fact, no matter how powerful a dog is, he is afraid of people. Perhaps seeing Lu Yunli not wanting to see him, this dog is also very interesting, so he reluctantly moved his position.

Seeing this opportunity, Lu Yunli didn't care about locking the garage door, so she quickly got on her bicycle and hurried out. Maybe there is a habit of chasing the owner's bicycle at ordinary times. At this time, the big dog suddenly started to attack, and it screamed wildly all the way, followed and chased Lu Yunli's bicycle, and staged a scene where a person was riding in front of the bicycle and the dog was chasing after him. .

Although this picture looks harmonious, the dog's behavior made Lu Yunli tremble, for fear that it would catch up with her and take a bite. What do you really want, Lu Yunli is already old, and she is not the opponent of a dog with high energy. After several chases, Lu Yunli obviously feels that she is not enough.

Hearing the dog barking continuously and getting closer and closer, Lu Yunli was very nervous, but her desire to survive made her unable to care too much, so she pedaled the automatic car with all her strength. It is not an exaggeration to describe the speed as swift and fast. Not only that, in order to prevent the dog from sneaking up, Lu Yunli turned back to observe the distance with the dog, but in a split second, the panicked Lu Yunli finally deviated from the road and rushed into the green belt by the roadside.

Extraordinary speed and inertia directly caused Lu Yunli to break away from the bicycle and fell heavily into the green belt, and the bicycle also rotated 180 degrees and turned over in all directions. Greenbelt. This fall was still quite heavy for a woman of Lu Yunli's age, and it made her feel unable to move.

Fortunately, the nearby residents discovered the situation in time, and quickly came up to help Lu Yunli and sent her to the hospital for treatment. Because of the crowd, the big dog disappeared without a trace. After diagnosis, Lu Yunli's right hand was broken and she lay in the hospital for nearly a month, spending a lot of medical expenses.

I didn’t bite you again, so why should I compensate?

After the incident, no one claimed responsibility for the big dog chasing people for a long time, which also made Lu Yunli responsible for the injury cannot be pursued. However, Skynet is very sloppy and not leaking. In this day and age, as long as you search carefully, you can find it. Finally, under the investigation of the police, it is known that the owner of this dog is Zhang Qiang, a resident of the same community.

However, Zhang Qiang didn't take it for granted that his big dog was chasing Lu Yunli, and he never expressed anything. Lu Yunli was chased by a dog, fell over and injured her car, and spent a lot of medical expenses, how could she just let it go. In order to protect her legitimate rights and interests, Lu Yunli took Zhang Qiang to court and demanded compensation of more than 70,000 yuan for the various losses she caused.

During the trial, Zhang Qiang not only refused to admit the facts, but also fought with Lu Yunli, believing that Lu Yunli's injury was not caused by her own dog, but by Lu Yunli herself. Yes, although I am an animal breeder, there is no subjective fault, and there is no need to compensate Lu Yunli at all.

Zhang Qiang also argued that his dog did not bite or hit Lu Yunli, and he saw from the hair monitoring that Lu Yunli reprimanded and chased the dog, which was a provocative behavior. There is a serious fault. And after Lu Yunli fell to the ground, the dog did not come forward to bite, but was frightened away, which showed that her own dog was not harmful, and Lu Yunli's loss was entirely caused by her own process.

Zhang Qiang's defense is really justified. According to the Civil Code, if the animals raised cause damage to others, the animal breeder or manager shall bear the tort liability; however, it can be proved that the damage was caused by the infringed person intentionally or If it is caused by gross negligence, the liability may not be assumed or mitigated.

Does that mean that as long as Lu Yunli's injury was not caused by dog biting or physical contact, and Lu Yunli's scolding the dog was provocative behavior, it can be concluded that Lu Yunli's own fault , Zhang Qiang can exempt or reduce the liability of compensation?

Don't worry, we have laws here. Although Zhang Qiang seems to have a good way, there is indeed a community monitoring that confirms that the dogs he raises did not bite or collide with Lu Yunli, and Lu Yunli did reprimand and drive the dogs away, but it does not mean that Lu Yunli's behavior An act is a wrongful act under the Civil Code.

How to take responsibility for animal breeders

It has become the consensus of the society that the breeders or managers should bear the responsibility when the animals are raised to directly attack humans and cause injuries to others. As a dog owner, Zhang Qiang, even if the animals are not harmful, should be raised according to laws and regulations, especially in densely populated communities, and the management of animals should be strengthened.

Zhang Qiang raises a dog that has been handed over. He takes measures such as leash and mouth cage according to regulations. He can't let the dog run wild, let it dangle around in the community, and can't block the neighbor's door and chase other residents. . Zhang Qiang allowed his dog to move freely in the community, which itself has already formed a personal threat to the residents of the community.

Injury caused by a raised animal does not depend on whether the animal has the intention of attacking a person, but on whether it causes damage to others and whether it has a causal relationship with the damage of others. Judging from the facts of this case, the result of Lu Yunli's injury was purely caused by being frightened by a dog. It can be seen that Lu Yunli's injury has a direct causal relationship with the dog raised by Zhang Qiang.

In this case, Lu Yunli rode a bicycle into and out of her garage and community. During the process of being blocked by a dog, even if she reprimanded and drove the dog, it was a legitimate need to maintain her own life, which was obviously different from teasing animals. , so Zhang Qiang's defense cannot be established.

Although the Civil Code stipulates the presumption of fault liability of the party causing damage due to animal tort, it also stipulates 12 types of no-fault liability for damage caused by civil acts, that is, as long as the animal causes damage to others, even if the pet is kept The person or manager is not at fault and should also be liable for compensation.

There are 12 types of no-fault liability in civil legal acts, which further clarifies how tort liability is determined in accordance with the law. As long as the perpetrator damages the civil rights and interests of others, regardless of whether the perpetrator is at fault, the law stipulates that he should bear the tort liability. Therefore, Yu Fa, Yu Qing, and Yu Li Zhang Qiang should bear civil liability for Lu Yunli's economic losses.

At the end of April 2022, the court made a first-instance judgment according to law, and Zhang Qiang should compensate Lu Yunli for medical expenses, nursing expenses and other economic losses totaling more than 46,000 yuan. Dogs are loyal friends of human beings. For many people, dogs are not only their own animals, but also people treat dogs as family members.

However, after all, dogs cannot think of human beings. Under certain conditions, they will still pose a threat to human beings. Therefore, when raising dogs, you must not be too confident and think that your own dog will not cause damage to others. This in itself It is a misunderstanding that should be rejected and corrected. (The main purpose of this article is to explain the case and popularize legal knowledge. The characters are all pseudonyms. Please do not take a seat.)