China News Service, Guangzhou, August 19 (Sun Qiuxia, Gong Yudi) Recently, an octogenarian in Xingtan Town, Shunde District, Foshan, Guangdong, tripped over a dog leash and died.
On the evening of August 18, Xingtan Town’s official WeChat account "Shuixiang Xingtan" issued a notice saying: After investigation, Luoshui villager Luo (female, 12 years old) tied another villager Luo with a dog at the door of his house. When he came out to play, the dog broke free from the restraint rope while passing through the Luoshui market. During the run, the dog rope accidentally tripped the villager Mai (female, 88 years old), causing Mai to be injured and died in hospital. It was preliminarily judged that the incident was an accident. At present, the aftermath of the incident is being carried out in an orderly manner. In the next stage, the relevant departments of Xingtan Town and each village (residential) will further strengthen the management of dog breeding and strengthen publicity and education.
It is reported that at present, the deceased elderly person has gone to funeral, and the family and the dog owner are negotiating and communicating follow-up matters.
The eighty-year-old man was tripped and killed by a dog rope. Who should be responsible?
Deng Qianqiu, a lawyer from Beijing Zhongwen Law Firm, said in an interview with a reporter from Chinanews.com that if the dog itself is tied and the rope is untied by a 12-year-old girl, the owner of the dog is not at fault for the consequences of the death of the old man, but May still be implicated in this case.
Article 83 of the Tort Liability Law states: “Where the animal causes damage to others due to the fault of a third person, the infringed person may request compensation from the animal breeder or manager, or from a third party. Animals. After making the compensation, the breeder or manager has the right to claim compensation from a third party."
Deng Qianqiu pointed out that if the victim directly sue the owner of the dog, the latter still has to bear the responsibility, but can claim compensation from the little girl. If the owner of the dog took the initiative to untie the leash to the little girl, then the owner of the dog is at fault and should be liable for compensation.
Sun Jiguo, the chief lawyer of Beijing Zhongnan Law Firm, believes that the old man tripped on a dog rope and died. The dog breeder and manager bear the inescapable responsibility and should bear the tort liability for the death of the old lady. The little girl is directly responsible, but she is a minor. According to law, her guardian and the dog’s breeder and manager shall bear joint and several liability for compensation.
Li Song, a partner and lawyer of Beijing Dongyuan Law Firm, pointed out that from video surveillance, two dogs tripped the old man during the chasing process. Although the dogs had ropes, they were not led by their owners. The owner did not take adequate safety measures, as the owner and manager of the two dogs should bear the tort liability.
It is worth noting that, in response to the chaos of breeding and raising dogs, various localities have continuously introduced relevant management regulations in recent years, and we look forward to increasing punishment to eliminate such phenomena.
For example, Article 13 of the "Regulations on Dog Raising Management of Foshan City" issued at the beginning of this year stipulates that individuals who raise dogs should have full capacity for civil conduct and have a fixed residence in this city.
Punishment measures have also been introduced in many places across the country for walking the dog without leashing.
In July of this year, the Shanghai police launched the "on-site law enforcement" model of standardizing dog raising, and imposed a fine of 50 yuan on the spot for people who did not leash and did not list their products. On August 13, the Hefei Binhu City Management Department notified a case of walking a dog without tying the leash, and the responsible person was fined 50 yuan. (Finish)