[Explanation] On August 17, an elderly man in Xingtan Town, Shunde District, Foshan, Guangdong, was tripped on a dog leash and died after being sent to the hospital. The incident caused public concern after the incident was exposed.
[Concurrent] People in Beijing
He (the owner of the dog) stands from his own perspective. He thinks this dog is very cute. Why can't it run? But you have caused harm to others, maybe this matter needs reflection.
[Concurrent] People in Beijing
When the dog goes to public places, don't let it run wild. As a dog owner, think more about others and put risk awareness in your mind.
[Concurrent] People in Beijing
When walking the dog, if you say it is in a crowded place, you should still tie the dog on a leash. This is better for everyone, regardless of whether it is a big dog or a small dog.
[Explanation] On August 18, the local town government issued a notice stating that after investigation, Luo, a 12-year-old villager in Luoshui Village, brought out a dog that another villager had kept at the door of his house. The dog broke free of the restraint rope while passing the market. During the run, a dog rope accidentally tripped Mai, an 88-year-old villager in the village, and it was preliminarily judged that the incident was an accident. In this regard, some lawyers said that at present, walking the dog without leashing the rope is not illegal. The notice indicated that the possibility of criminal cases has been excluded and should be handled as civil disputes.
[Concurrent] Han Xiao, lawyer of Beijing Kangda Law Firm
At present, there are no laws and administrative regulations at the national level. There is an administrative penalty for walking a dog without a leash, so it should not be an illegal act now. The official characterization of this case as an accident meant that her criminal and administrative liabilities were excluded, and she only had to bear civil tort liability. From the perspective of the civil legal relationship, the case is an infringement of the right to life and health. The family of the elderly can use the relevant methods of civil litigation to demand the other party to bear a tort liability and obtain corresponding compensation.
[Explanation] Han Xiao said that because the girl involved is a minor, according to the "Regulations on Dog Raising Management of Foshan City", dogs should not be led alone. At the same time, the girl is under 14 years of age and is a person with limited capacity for civil conduct, so her guardian should bear civil liability, and the dog owner should also bear the corresponding liability.
[Concurrent] Han Xiao, lawyer of Beijing Kangda Law Firm
The "General Principles of the Civil Law" stipulates that citizens enjoy the right to life and health, and once they are violated, they will bear the corresponding tort liability. Including article 78 of the Tort Liability Law of our country, if raising animals causes damage to others, he shall bear the relevant legal liabilities. At the same time, Article 83 also stipulates that if an animal is harmed by the fault of a third party, it shall bear the corresponding civil compensation liability. With some corresponding lists of funeral expenses for the elderly, the (elderly) family members can hold a corresponding accountability to the person raising the dog, as well as to a third person. Because the infringer is the person responsible for the civil liability of restricted conduct, he can pursue corresponding civil liability against her guardian, and they shall bear the corresponding civil liability for compensation within their own scope.
Lang Jiahui reports from Beijing
Editor in charge: [Li Yuxin]