Brief facts of the case
Ms. Zhang was walking her teddy dog downstairs in the community, when suddenly Mr. Wang's golden retriever in another building in the community pounced on her and bit her teddy dog to death, but Mr. Wang was not at the scene at the time, and the golden retriever was not on a leash. Ms. Zhang approached Mr. Wang to ask for compensation, but Mr. Wang said that he was not present and could not confirm whether it was his own dog who committed the murder. The two sides argued, and Ms. Zhang took Mr. Wang to court.
Legal Interpretation
Article 1245 of the Civil Code: Where a raised animal causes damage to others, the animal keeper or manager shall bear tort liability; However, if it can be proved that the damage was caused intentionally or by gross negligence on the part of the infringed party, the liability may be waived or mitigated.
Article 1246
Where management provisions are violated and safety measures are not taken for animals, causing damage to others, the animal keeper or manager shall bear tort liability; However, if it can be proved that the damage was intentionally caused by the infringed party, the liability can be mitigated.
Article 1247
Where a fierce dog or other dangerous animal that is prohibited from raising causes harm to others, the animal keeper or manager shall bear tort liability.
Article 1183
Where the infringement of the personal rights and interests of natural persons causes serious mental harm, the infringed party has the right to demand compensation for moral damages. Where serious mental harm is caused by intentional or gross negligence infringement of a natural person's specific object of personal significance, the infringed party has the right to request compensation for moral damages.
In this case, Mr. Wang's golden retriever dog was not taken measures, resulting in Ms. Zhang being bitten, and if there is evidence to prove that Ms. Zhang is not at fault, Mr. Wang should compensate Ms. Zhang for medical expenses, the loss of the purchase of the teddy dog, and the solatium for mental damages.
Warm" reminder
1
Go out on an active tether
When going out to walk the dog, take the initiative to tie the dog on a leash, if necessary, you need to bring a muzzle, etc., take the initiative to avoid crowded places, do not enter the prohibited dog area, etc.
2
Avoid interfering with others
Manage your own dogs, train your dogs not to bark, and clean up the feces excreted by dogs in public areas in a timely manner to prevent disturbing the lives of others.
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Editor|Zhang Shugang
Review|Niu Fei, Zhang Xin, Li Yue, review|Zhao Liangge