Keeping pet dogs in accordance with the law is not only to protect the health and safety of others, but also to safeguard the rights and interests of dog owners. However, some pet dog owners do not lead their dogs when they go out to walk their dogs on the grounds of convenience or so-called love for dogs. As the saying goes, “not afraid of ten thousand, just afraid of one”, this kind of negligent behavior is very easy to cause accidents, which is not, and another accident caused by unled pet dogs occurred.
Accident: An off-leash dog knocks down a cyclist
When Xiao Wang rode the battery car through the door of Xiao Zhao’s house, he was unfortunately knocked down by the dog that Xiao Zhao raised and did not lead the rope, causing his body to fall. After the relevant departments for the accident responsibility identification, Xiao Zhao is fully responsible for the accident. After the incident, Xiao Wang asked Xiao Zhao to compensate for a series of losses such as medical expenses. However, Zhao claimed that his dog did not take the initiative to attack others, and resolutely refused to pay compensation on the grounds of his limited financial ability. Helpless, Xiao Wang had to take Xiao Zhao to the court to seek a just solution.
Mediation process: blending jurisprudence and emotion to promote reconciliation
After in-depth understanding of the case, the court mediator made it clear that the identification of responsibility for the accident was clear. However, considering that the two sides are neighbors, in order to maintain the harmonious atmosphere between the neighbors, it is necessary to properly resolve the contradiction and achieve a real determination and dispute.
The mediator first communicated with the parties by telephone and sensed that both parties had an intention to mediate. Therefore, the mediator seized the opportunity to quickly determine the mediation time with both parties. After learning that Xiao Wang was unable to move, the mediator offered to come to the house for mediation.
After arriving at Xiao Wang’s home, the mediator first pulled up the home with both sides kindly, and gradually eased the original opposing emotions between Xiao Wang and Xiao Zhao. Afterwards, the mediator used plain language to explain in detail to Xiao Zhao the legal responsibilities of raising animals and the legal consequences that he might face if he did not fulfill his responsibilities. At the same time, the mediator understands reason and persuadingly: “Xiao Wang is suffering because your dog has been injured, and he has also spent a lot of medical expenses and lost work. You two families are neighbors, you see each other every day, and as a matter of decency, you should pay compensation.”
After the patient and meticulous mediation of the mediator, Xiao Zhao deeply realized his mistake and expressed his willingness to bear the responsibility for compensation, but the current funds are relatively tight. Xiao Wang was also mindful of his neighbors and agreed to make a concession on the amount of compensation. In the end, the two sides reached an agreement, and Xiao Zhao compensated Xiao Wang 1000 yuan on the spot, and the dispute was successfully resolved.
Legal basis: Clarify the tort liability of raising animals
According to the relevant provisions of the Civil Code of the People’s Republic of China:
Article 1,245 states that if an animal raised causes damage to another person, the animal breeder or manager shall bear tort liability; However, if it can be proved that the damage was caused by the intent or gross negligence of the infringed party, the liability can be excluded or mitigated.
Article 1,246 Where, in violation of administrative regulations, the animal breeder or manager fails to take safety measures to cause damage to others, the animal breeder or manager shall be liable for tort; However, liability can be mitigated if it can be proved that the damage was intentionally caused by the infringed. This clarifies the responsibilities and obligations of the breeders or managers in the process of raising animals, as well as the definition of responsibilities in the event of infringement.
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