Case of the case | Walking the dog without a rope dog owner was sentenced to more than 70,000 yuan

The newspaper (Hunan Rule of Law Daily All -Media reporter Zeng Yutian correspondent Zou Qing) Walking dogs and leading rope have become increasingly the consensus, but there are also some exceptions. Recently, the Ningxiang Municipal People's Court has sentenced a dispute over the breeding of animal damage.

On the evening of June 25, 2021, when Zhang Moulan, in his 80s, took a walk in the community, the big black dog lying on the grass on the side of the road suddenly got up, ran to Zhang Moulan, and then turned around and ran away, which caused Zhang Shi Lan was frightened and lost his body to fall to the ground during the avoidance process. After Zhang Moulan fell, Shen quickly came to take the dog away, and then returned to the scene of the incident. He drove Zhang Moulan and his family members to the emergency building of Ningxiang People's Hospital for inspection and paid the medical expenses of 2,000 yuan. Zhang Moulan was hospitalized at Ningxiang People's Hospital for 26 days after injury. After identification, Zhang Moulan's right femoral neck fracture was replaced after the whole hip joint replacement, which constituted a level 9 disability. After the injury, the nursing period is 150 days and the nutrition period is 180 days.

After the accident, Zhang Moulan and Shen repeatedly negotiated the compensation issues. During the mediation, Shen clearly acknowledged that he was the owner of the dog and was willing to bear the corresponding responsibility. However, after Shen Mou paid 12,000 yuan to Zhang Moulan, he refused to pay other fees. At the same time, he regretted saying that the dog who was injured was not to raise himself. He originally sent the elderly to the hospital for the initial help. In order to protect his legitimate rights and interests, Zhang Moulan filed a lawsuit in the court. After being approved by the court, Zhang Moulan's losses caused by the accident were more than 88,000 yuan.

The Ningxiang Court tried that citizens' life and health rights were protected by national laws. According to Article 1,245 of the "People's Republic of China", if the animal breeder or manager shall bear the infringement liability; however, it can prove that the damage is due Or it may be caused by major negligence and may not bear or reduce responsibility.

In this case, although Shen denied that the dog involved was only raised by it, according to the situation of the trial, Zhang Moulan and Shen's residents living in the same community ran to Zhang Moulan in the black dog. Zhang Moulan fell down. After the ground, Shen immediately took the dog away, then folded back to the scene to check the situation of Zhang Moulan, drove it to the hospital, and paid the medical expenses of 2,000 yuan at the same time. When he was adjusted in the neighborhood committee afterwards, Shen also clearly recognized that the case involved in the black dog was him, and agreed to pay 10,000 yuan, indicating that he was willing to pay the responsibility for the necessary costs in the later period. In summary, the court determined that the Shenmou case involved in the black dog's breeder or manager.

According to the relevant provisions of the "Changsha City Rabin Management Regulations", in this case, as an animal breeding (management) person in this case, it violated the management regulations to raise dogs in residential communities. Dog ropes are tied to dogs and did not take necessary safety measures for animals. Zhang Moulan was frightened by the black dog and was injured. There was a direct causal relationship between the two. As a black dog's breeding (management), Shen should bear the liability of infringement.

Based on this, the court made a verdict in accordance with the law, and Shen Mou compensated Zhang Moulan to more than 76,000 yuan.

The judge reminded that walking dogs and ropes are responsible for themselves, and they are also responsible for others. Walking dogs and ropes can not only prevent the dog from being lost or disturbing others, but also the protection of their own dogs. No matter how friendly dogs, they will lose control when they encounter some stress conditions. A traction rope can effectively prevent dogs from eating, car accidents, loss, etc. The dog is not wrong. The wrong dog raised person does not talk about civilization and does not hold dog ropes. Citizens are requested to strictly raise dogs in accordance with the relevant requirements of the "Changsha City Dog Management Regulations".

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