The dog is as cute as a little angel. They are very lively and active, like to interact with humans, and especially like to chase ball toys. The time spent with them every day is like having countless happy moments! However, how should you use the law to protect yourself after being bitten by a dog?
The first thing to be clear is that who will compensate if you are bitten by a dog? If the dog owner is not determined, it will hinder the subsequent compensation. Therefore, if you are bitten by a dog, you must first confirm whether the dog has a breeder or manager. Generally, it is divided into the following two situations:
01 The dog with an owner bites a person
In this case, the injured person can ask the dog owner to provide corresponding compensation. Article 1245 of the Civil Code stipulates that if the animal raised causes damage to others, the animal breeder or manager shall bear tort liability; however, it can be proved that the damage was caused by the intentional or gross negligence of the infringer (such as provoking, beating, or teasing the dog), and the liability may not be borne or reduced.
02 Stray dog bites people
Handling dog bites people is more complicated. my country's Civil Code stipulates that if an abandoned or escaped animal causes damage to others during the abandonment or escape, the original breeder or manager of the animal shall bear the tort liability. This is difficult to achieve in reality, because in reality, the original owner of a stray dog is not easy to find and takes a lot of time. Does a stray dog bite people in vain? Of course not. Faced with this situation, according to judicial practice, if someone provides stray dogs for a long time, so that they can stay in the feeder's area for a long time and move, the feeder has the obligation to restrain and manage stray dogs. In other words, the injured can ask for compensation from those who feed the dog for a long time. What costs can the injured person ask for compensation if he is bitten by a dog? What evidence is needed? References are as follows:
(1) Medical expenses: hospital admission certificate, diagnosis certificate, medical record, discharge certificate, and medical expense receipt.
(2) Loss of work expenses: determined based on lost work time and income. The lost work time is determined based on the certificate of the medical institution or forensic identification. If there is a fixed income, it shall be calculated based on the actual reduced income. Proof of economic losses for lost work, labor contract, wage card statement, wage slip, wage details, etc.
(3) Nursing fee: Nursing fee is divided into two situations. If the nursing staff has a job, it is necessary to provide a certificate of loss of work, a nursing staff salary slip showing the deduction of wages, a labor contract, etc.; if the nursing staff has no job, it shall be calculated based on the local residents' service industry wage standards for that year.
(4) Transportation fee: Transportation fee bill.
(5) Hospitalization food allowance: medical records during all hospitalization periods (including emergency and hospitalization departments), the sum of the number of hospitalization days on the homepage of the medical record.
(6) Nutritional expenses: The invoice and diagnostic certificate for purchasing nutritional products are written with "strengthening nutrition" etc.
(7) Mental damage compensation: Since dog bites may cause long-term psychological trauma, the injured may request this compensation based on the identification level and condition.
(8) Disability compensation: It must meet the disability level, otherwise it will not be claimed.
If you are bitten by a dog, it is recommended to negotiate compensation with the dog owner first. If the negotiation fails, you can seek a lawyer to intervene to ensure that your rights are protected. At the same time, friends who raise dogs are reminded to be responsible for their pets and must tie the dog ties when walking the dog to avoid accidents.