In the first ray of sunshine in the morning, it should have been a new beginning of the day, but for an ordinary staff member of Dalian Genting Property, October 13, 2013 has become an unforgettable day. On the same day, an unexpected attack broke the peaceful morning on the tennis court of Genting Apartment in the Economic and Technological Development Zone. An unregistered large black dog suddenly bit his waist, and the owner and the traction were actually a lover. This scene not only caused harm to the victim's body, but also casts a shadow on his mind.
Review of real cases
In the autumn of 2013, a property staff member of Genting Apartment in Dalian encountered an unexpected disaster on his usual working day. The scene on October 13 was both unexpected and full of drama. On this day, Gong Houfei and Miao Qing, the lover's pet, an unregistered large black dog, suddenly lost control and attacked the plaintiff who was working in his activity area.
This is not an isolated event, but the result of the unfortunate combination of multiple factors. The negligence in management of pet dogs, the lack of appropriate protective measures, and the plaintiff's helplessness in the face of unforeseeable dangers have jointly weave the prelude to this tragedy. The moment the plaintiff was attacked, pain and panic instantly invaded his entire body and mind. The feeling of canine teeth penetrating the skin and the blood that kept oozing out afterwards became his deepest memory that morning. Although the emergency treatment after the injury was timely, the pain of the wound did not end. The plaintiff who went to the hospital for treatment must also receive a rabies vaccine injection in case of any condition. Afterwards, the plaintiff's left calf soft tissue contusion and laceration accompanied by infection required long-term treatment and recovery. During the treatment, the plaintiff had to bear physical pain and mental stress. The high medical expenses, the loss of income from inability to work, and possible long-term sequelae have cast a shadow on the plaintiff's future. Professionals in the legal community may point out that the case highlights the underprotected protection of citizens in the face of unpredictable harm. According to the "Tort Liability Law of the People's Republic of China", any individual who is in a public place or private territory shall be fully responsible if his pet causes injury to others. Gong Houfei and Miao Qing failed to provide sufficient safety measures and did not properly manage and control their dogs, which not only violated the law, but also neglected public safety. For victims, the accident is not just an incident of physical harm, it touches the core of the law's protection of individual rights. In life, everyone may innocently become victims of similar unfortunate events, and when misfortune comes, we rely on the protection and justice provided by the law.
Judicial Interpretation
According to Article 78 of the Tort Liability Law of the People's Republic of China, "If the animals raised cause damage to others, the breeder or manager shall bear tort liability." Since Miao Qing, as the owner of the dog, has not completed the registration procedures for raising a dog, Gong Houfei, as the traction, has obvious omissions in management, and the two must jointly bear tort liability.
How did the court decide?
After trial, the court ruled in accordance with the law that Gong Houfei and Miao Qing jointly compensate the plaintiff for the economic losses caused by rest and nutrition, as well as the mental damage compensation caused by the result.
Dear netizens, if you are a victim, how will you protect your rights? Or, if you were the defendant, how would you deal with this sudden legal liability? This case reminds us that keeping pets is an activity that requires corresponding responsibilities. As pet owners, we must ensure that our pets do not cause harm to others or they may face severe legal sanctions.