How should animal breeders be held responsible?
If animals are raised to directly attack humans and cause injuries to others, the breeder or manager should bear responsibility. This has become a consensus in society. As a dog owner, Zhang Qiang, even if the animals are not harmful, they should be raised according to laws and regulations. Especially in densely populated communities, the management of animals should be strengthened.
Zhang Qiang raises a dog of acceptable size. He takes measures such as being on a leash and wearing a muzzle according to regulations. He cannot let the dog wander around the community, nor can it block the neighbor's door or chase other residents. Zhang Qiang allowed his dog to roam freely in the community, which itself has posed a personal threat to the residents of the community.
When a raised animal causes harm to a person, it is not determined by whether the animal intends to attack the person, but by whether it causes losses to others and whether it has a causal relationship with the damage to others. Judging from the facts of this case, Lu Yunli's injury was purely caused by being frightened by the dog. It can be seen that Lu Yunli's injury has a direct causal relationship with the dog raised by Zhang Qiang.
In this case, Lu Yunli was riding a bicycle in and out of her garage and community. When she was blocked by a dog, even if she scolded and drove the dog away, it was still a legitimate need to protect her own life, which was obviously different from teasing animals. Therefore, Zhang Qiang's defense could not be established.
Although the Civil Code stipulates the presumption of fault liability of the party causing damage due to animal infringement, it also stipulates 12 types of no-fault liability for damage caused by civil acts. That is, as long as the animal causes damage to others, the pet owner or manager must bear the liability for compensation even if there is no fault.
The 12 types of no-fault liability for civil legal acts further clarify how tort liability is determined in accordance with the law. As long as the actor damages the civil rights and interests of others, regardless of whether the actor is at fault, the law stipulates that he should bear tort liability. Therefore, Zhang Qiang should bear civil liability for Lu Yunli’s economic losses based on law, emotion, and reason.
At the end of April 2022, the court made a first-instance judgment in accordance with the law, and Zhang Qiang compensated Lu Yunli for various economic losses such as medical expenses and nursing expenses, totaling more than 46,000 yuan. Dogs are man's loyal friends. For many people, dogs are not only animals they raise, but some people regard dogs as family members.
