30Evidence A

Leashing dogs is mandatory: failure to do so means strict liability for any harm caused (you must pay compensation regardless of fault), and the obligation extends fully

If a dog injures someone, the owner is generally required to pay compensation, no matter how much fault they bear. Only when it can be proven that the injured party acted intentionally or with gross negligence might the compensation amount be reduced or waived. However, if the owner violated regulations by not using a leash, the sole remaining defense — “intentional conduct by the injured party” — is effectively eliminated; failing to leash a dog shuts off this one last avenue for reducing liability. For owners of prohibited aggressive breeds, there are absolutely no legal grounds for exemption from compensation.

Cost

A leash costs just a few dollars. The real challenge is re…

Benefit

When a pet causes injury to another person, its owner or the person supervising it at the time bears legal lia…

Cost

A leash costs just a few dollars. The real challenge is remembering to use it every single time you take your dog outside.

Benefit

When a pet causes injury to another person, its owner or the person supervising it at the time bears legal liability for compensation. Only if it can be demonstrated that the injured individual deliberately provoked the animal or displayed gross negligence may the compensation obligation be lessened or voided. Yet, if safety measures mandated by law were ignored — such as neglecting to use a leash — the sole remaining mitigating factor, “intentional conduct by the injured party,” no longer applies. Not using a leash thus eliminates this sole chance to reduce liability. In the case of prohibited aggressive breeds, there is absolutely no legal basis for exemption from compensation.

Original sources

全国人大 (2020). 民法典. 最高人民检察院转载全文. https://www.spp.gov.cn/spp/fl/202006/t20200602_463888.shtml 第一千二百四十五条:「饲养的动物造成他人损害的,动物饲养人或者管理人应当承担侵权责任;但是,能够证明损害是因被侵权人故意或者重大过失造成的,可以不承担或者减轻责任。」第一千二百四十六条:「违反管理规定,未对动物采取安全措施造成他人损害的,动物饲养人或者管理人应当承担侵权责任;但是,能够证明损害是因被侵权人故意造成的,可以减轻责任。」第一千二百四十七条:「禁止饲养的烈性犬等危险动物造成他人损害的,动物饲养人或者管理人应当承担侵权责任。」第一千二百四十九条:遗弃、逃逸的动物在此期间造成损害,由原饲养人或者管理人承担责任

Open source link
Book note

Compensation for dog bites typically covers medical costs, lost wages, rabies vaccinations, and immunoglobulin treatments; amounts exceeding $10,000 are common. Higher figures apply when injuries are severe or involve children. Failure to intervene does not absolve liability: owners remain responsible even if their dog runs away or is abandoned during an attack. Appropriate post-bite actions are outlined in Section 13.

My note