Recently, the Chenggu County People’s Court heard a dispute over liability for damage caused by raising animals. At about 10 pm on December 20, 2021, Xiao Ming, who was only 5 years old, walked out of the first floor of a hotel with his parents. As...
Recently, the Chenggu County People’s Court heard a dispute over liability for damage caused by raising animals.
At about 10 pm on December 20, 2021, Xiao Ming, who was only 5 years old, walked out of the first floor of a hotel with his parents. As soon as Xiao Ming walked out of the hotel door, he was chased by a large golden retriever raised by Li. Later, both Xiao Ming's parents and Li discovered that Xiao Ming's right knee was bleeding. Li took Xiao Ming and his parents to the hospital for treatment. The doctor cleaned and disinfected the wound on Xiao Ming's right knee. Negotiations between Xiao Ming’s parents and Li on compensation matters failed. The next day, Xiao Ming's parents discovered a 10-centimeter scar on Xiao Ming's right calf, so they went to the hospital for examination and treatment. After diagnosis and treatment, Xiao Ming received and used rabies vaccine and immune globulin five times in total. For this reason, Xiao Ming's parents approached Li several times to negotiate and resolve the compensation issue, but failed, so they went to the court to request that Li bear tort liability.
The court held that the golden retriever raised by Li chased Xiao Ming, and the next day it was found that Xiao Ming had an injury on his leg. After diagnosis and treatment at the hospital, when other causes could not be ruled out, it was reasonable to treat the dog injury as a dog injury. Based on hospital diagnosis and treatment and other evidence, combined with relevant facts, it is highly likely that the scar on Xiao Ming's leg was caused by a golden retriever. As a breeder, Li raised large golden retrievers and did not adopt dog leashes or related security measures in public places, causing damage to Xiao Ming. There is no evidence to prove that Xiao Ming himself was intentional or grossly negligent. Li should bear tort liability.
It is the obligation of animal owners or managers to take safety measures for animals. In real life, it is common for the owner to walk the dog without tying the dog tightly, causing the dog to knock down or bite others while running. Article 1245 of the Civil Code stipulates that if a raised animal causes damage to another person, the owner or manager of the animal shall bear tort liability; however, if it can be proven that the damage was caused intentionally or by gross negligence of the person being infringed, the liability may be waived or reduced.
It is worth noting that the Civil Code stipulates that if raising animals causes harm to people, the owners or managers of the animals may become the subject of tort liability. Therefore, even if you temporarily take care of pets for relatives and friends, you cannot be negligent.
