Imagine China
China's highest court, the Supreme People's Court, has published several sample cases regarding liability for injuries caused by livestock, with the aim of promoting responsible pet ownership.
According to the Pet Industry White Paper, the number of dogs kept in China's urban areas will reach 51.19 million in 2022.
The publication of six typical cases aims to help dog owners not only comply with existing laws and regulations, but also develop a stronger sense of social and legal responsibility.
1. If a prohibited large dog causes injury to a person, the dog owner will be held responsible regardless of whether the injured party is at fault.
According to China's civil law, if a dangerous animal such as a fierce dog that is not allowed to be kept as a pet causes harm to others, the owner is subject to strict non-fault liability.
case:
An Alaskan malamute scratched a 7-year-old child's face in a residential area. Initially, the child came into contact with the dog, but because Alaskan Malamutes are classified as large dogs that are prohibited from being kept in urban areas, the owner was liable for the injury, which cost more than 30,000 yuan (approximately 420,000 yen). was ordered to pay compensation.
2. If a minor child walks a dog alone and the dog causes harm to a human, the dog owner is responsible.
People under the age of 18 are prohibited from taking their dogs out alone, as the dogs can be a “traveling hazard.”
case:
A 7-year-old named Ou was walking his parents' black dachshund, keeping an eye on the other children. The dog scratched the left leg of an infant less than one year old.
O's parents, the dog's owners, violated local regulations that require adults to keep dogs on leashes when outdoors and to keep dogs away from vulnerable people.
The dog was confiscated and the dog's owner was ordered to pay 3,092 yuan for medical and other expenses to the injured infant's family.
3. If a dog chases a passerby, frightens and injures them, the dog owner is responsible.
Dogs can harm humans not only through direct physical contact, such as biting or scratching, but also through non-contact behaviors that can frighten them, such as barking, sniffing, or chasing. there is.
case:
The man, surnamed Zhang, was chased and frightened by a large dog that had been released, causing him to fall off his electric scooter and sustain a serious knee injury.
The local court ordered the dog's owner to pay Zhang more than 210,000 yuan in compensation.
4. If a dog bites a pregnant woman and the pregnancy is terminated, the dog owner is responsible.
Under Chinese tort law, there is a causal link between post-bite vaccination and termination of pregnancy. The animal owner must compensate the victim.
case:
A woman named Ann was bitten by a dog and received a rabies vaccine to be safe. Later, she realized that she was pregnant at the time of the vaccination. Concerned about the potential harm to her unborn child from her vaccine, she decided to terminate her pregnancy.
The court ordered the dog's owner to compensate Anne for all damages caused by the bite, including medical expenses, lost wages, and emotional distress (a total of 6,069 yuan).
5. The dog owner is responsible for any damage caused by the dog.
case:
A man surnamed Zhang fell off his motorcycle and sustained broken bones after being chased by two dogs owned by a man surnamed Bao. Mr. Zhang asked for compensation for medical expenses, but Mr. Bao refused, claiming that there was no proof that he owned a dog.
Mr. Zhang then filed a lawsuit. After mediation in court with the involvement of members of the People's Congress, Mr. Bao recognized that he was responsible for raising the dog and agreed to compensate Mr. Zhang.
6. Breeding of dogs that violate regulations is prohibited.
In China, dog regulations vary from city to city. However, organizations and individuals in urban areas are generally required to register their dogs. He is the only dog allowed in each household. Large, ferocious dog breeds are prohibited. And dogs must be leashed in public.
case:
The man, surnamed Wang, ran a dry goods stall at the market, where he kept 11 unregistered and unleashed dogs.
Local public security officials asked him to clean up his act, but Wang refused. As a result, authorities confiscated the unlicensed dogs.
