更新时间:2024-11-25
动物伤人,谁来担责?
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Law-Related Education for Juveniles   ·   2024年11月25日   ·   2024年 第11期  
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Discussed the frequent occurrence of animal injury incidents and the harm they cause to victims, including physical, mental, and property damage. The article points out that animal infringement belongs to a special category of infringement, and cites the specific provisions of the Tort Liability Part of the Civil Code of the People's Republic of China on the liability for damages caused by raising animals, clarifying the legal basis for determining liability.

Animals causing harm to humans, breeders or managers should bear tort liability

Discussed the tort liability that breeders or managers should bear when animals cause harm to humans. Through the case of Xiaomi being bitten by a dog, the provisions of Article 1245 of the Civil Code have been explained, clarifying that the liable party for infringement is the animal owner or manager. Even though Mr. Wang tied the dog leash while walking the dog, he failed to manage the dog properly and caused it to lose control and bite Xiaomi. As the owner and manager of the dog, Mr. Wang should be responsible for compensating Xiaomi for any reasonable losses caused by the injury.

Minors scratched while playing with cats, responsibility of guardians and cat owners

Discussed a case of injury caused by minors playing with cats and analyzed the responsibilities of guardians and cat owners. Xiaoming was scratched by a neighbor's cat while teasing him. His parents failed to fulfill their guardianship duties and did not stop Xiaoming's behavior, causing the cat to startle and injure others. As cat owners, neighbors should bear tort liability. Xiaoming should also bear partial responsibility for the negligence of his guardian.

The responsibility for animal injury caused by the fault of a third party shall ultimately be borne by the third party

Discussed the issue of liability attribution for animal injuries caused by the fault of a third party. In the case, Zhang San kicked a dog due to personal grudges, resulting in the dog biting Xiao Lei. According to the Civil Code, Xiao Lei can claim compensation from the dog owner Li Si or Zhang San, and Li Si can recover from Zhang San after compensation. The ultimate responsibility lies with Zhang San, as his actions have a direct causal relationship with Xiao Lei's injury. The chapter emphasizes that animal husbandry should comply with regulations, respect public morality, and not interfere with the lives of others. At the same time, it reminds people to keep a distance from unfamiliar animals, avoid teasing and harming them, and protect their own safety.

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