How to compensate for being bitten by a dog?
In recent years, incidents of pet dogs hurting people have occurred frequently, causing widespread concern in society. If bitten by a dog, how can the victim protect his or her rights and obtain reasonable compensation? This article will give you detailed answers based on legal terms and actual cases.
1. Legal basis
According to Articles 1245 to 1251 of the Civil Code of the People's Republic of China, if raising animals causes damage to others, the animal breeder or manager shall bear tort liability. The following is a simplified description of the relevant legal provisions:
| Legal terms | Main content |
|---|---|
| Article 1245 of the Civil Code | No-fault liability principle for harm caused by raising animals |
| Article 1246 of the Civil Code | Increased liability for violating management regulations and failing to take safety measures |
| Article 1247 of the Civil Code | Absolute liability for harm caused by prohibited dangerous animals |
2. Compensation items and standards
After being bitten by a dog, the victim can claim the following compensation:
| Compensation items | Calculation basis | Remarks |
|---|---|---|
| medical expenses | Actual and reasonable medical expenses incurred | Medical records and invoices need to be retained |
| Lost work fee | Lost working time × income standard | Proof of income required |
| Nursing fee | Number of nursing days × caregiver’s income | Usually refer to local nursing standards |
| nutrition fee | 30-50 yuan/day (depending on the injury) | Need medical advice |
| Compensation for mental damages | 500-10,000 yuan | Determined based on disability level |
3. Claims process
1.On-site disposal: Immediately call the police and seek medical treatment, and retain on-site evidence
2.Responsibility determination: The police issue an accident certificate to confirm the identity of the breeder
3.Injury assessment: Carry out disability level assessment when necessary
4.Negotiation and mediation: Negotiate compensation plan with breeder
5.Litigation and rights protection: If negotiation fails, you can file a lawsuit in court.
4. Typical Case References
| Case | Judgment | Amount of compensation |
|---|---|---|
| Beijing Chaoyang District Case (2023) | Breeder’s full responsibility | The total amount of medical expenses + work loss + mental comfort payment is 87,000 yuan. |
| Shanghai Pudong New Area Case (2024) | If the victim exhibits provocative behavior, the breeder’s liability will be reduced by 30%. | Compensation of 52,000 yuan |
5. Special precautions
1.vaccination: Be sure to get rabies vaccine within 24 hours, the cost can be included in the compensation
2.Evidence preservation: Take photos of wounds and save information about biting dogs
3.statute of limitations: The statute of limitations for personal injury compensation is 3 years
4.insurance claims: If the owner has pet liability insurance, he or she can apply for insurance compensation.
6. Prevention Suggestions
1. Breeders should obtain dog licenses and receive vaccinations
2. You must keep a leash when going out, and large dogs must wear a muzzle.
3. Avoid leaving children alone with dogs
4. When encountering an unleashed dog, keep your distance and do not turn around and run away.
If you encounter a dog bite incident, it is recommended to contact a professional lawyer in time to protect your legitimate rights and interests through legal channels. At the same time, we call on dog owners to raise dogs in a civilized manner and jointly create a safe and harmonious social environment.
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