"She broke into my house privately and was bitten by a dog. How dare you ask me to compensate?" On June 28, in Jinhua, Zhejiang, a woman forgot to remove the key from the door when she went out to work. After the neighbor's aunt saw it, she opened the door with a key and broke into the woman's home. As a result, she was bitten by the woman's big dog. After the incident, the woman paid 1,200 yuan in advance. The aunt said that she would not be able to work for half a year and asked the woman to be responsible for her life during this half year.

At present, the woman has called the police and the police are coordinating.

After the incident was exposed, it caused heated discussions among netizens. Some netizens believed that the aunt entered other people's homes without permission and was bitten by a dog. She should be responsible for herself. The woman should not pay a dime, and no one should be blamed. Some netizens also believed that the aunt opened the door to remind the woman why she left the key on the door. There was no malicious intent. Women should fulfill their care responsibilities when raising dogs. Now that the aunt was bitten by a dog, the woman should compensate.

So from a legal point of view, should women bear liability for compensation?

In fact, similar cases are not uncommon. The following is a case that has been tried by the court. You will definitely be surprised by the verdict. The case has also passed the first and second trials.

On this day, the woman Zhu was weeding in the yard in front of her villa. At this time, a passing couple saw that the back door of the villa was open and wanted to come in out of curiosity. As a result, after entering the villa, , the couple was accidentally bitten by Ms. Zhu’s dog. The dog was off-leash at the time.

After the incident, Zhu took the initiative to pay 200 yuan in order to settle the matter. The couple was not satisfied, so Zhu called the police. Because the negotiation could not be reached, the couple finally took Zhu to court, claiming more than 9,000 yuan.

1. After trial, the court of first instance held that Zhu should bear the liability for compensation, but only needed to pay 2,000 yuan. The reasons are as follows:

Article 1245 of the Civil Code stipulates that if the raised animals cause damage to others, the animal breeder or manager shall bear tort liability. However, if it can be proven that the damage was caused intentionally or by gross negligence of the infringed party, the liability may be waived or reduced.

This article shows that when raising animals bites others, the principle of no-fault liability is adopted in determining liability.

The so-called "no-fault liability principle" corresponds to the "fault liability principle". Generally speaking, whether an actor has to bear tort liability to the injured party depends on whether the actor is at fault. Only if there is Only those who are at fault need to bear liability for compensation.

ButRegarding the infringement of raising animals, the principle of no-fault liability is adopted, that is, the breeder must bear the liability for compensation regardless of whether he or she is at fault. Unless it can be proven that the victim acted intentionally or had gross negligence, liability can be waived or reduced.

In this case, the couple did not actively tease the dog. The bite by the dog was purely accidental, so they did not do it intentionally. But at the same time, the couple broke into Zhu's home without consent, which constituted a gross negligence and can reduce Ms. Zhu's responsibility.

In the end, the court found that Zhu should bear 80% of the responsibility for this incident. The couple should bear 20% of the liability, and Zhu was ordered to compensate the couple 2,000 yuan.

2. After the first instance verdict was pronounced, Zhu refused to accept the verdict. He believed that the other party broke into his home without permission and he should not bear 80% of the responsibility, so he filed an appeal.

After the trial, the court of second instance held that raising animals is inherently dangerous. Since Zhu has raised them, they should be strictly managed. Now because Zhu has mismanaged the dogs and caused damage to others, he should be punished compensation. In the end, the court of second instance rejected Zhu’s appeal.

3. This incident in Jinhua, Zhejiang is very similar to the above dog bite incident in a villa. The police are currently coordinating. If coordination fails, legal proceedings may also be required.

So what will be the result?

Similarly, because the raised animals hurt people under no-fault liability, so even if the woman has no fault, she must bear the liability for compensation. After all, Large dogs are dangerous factors and breeders should strictly manage them, so the woman did have some negligence in this regard.

Unless it can be proven that the aunt took the initiative to tease the dogs, there is obviously no evidence to prove that the aunt actively teased the dogs. At the same time, considering that the aunt broke into other people's homes without permission, she committed a major negligence, which can reduce the woman's liability. liability for compensation.

So in general, both the woman and the aunt should bear a certain degree of responsibility for the accident. The specific proportion of responsibility will be determined by the court based on the specific circumstances.

As for the amount of compensation, according to Article 1179 of the Civil Code, whoever infringes upon others and causes personal injury shall compensate for reasonable expenses such as medical expenses, nursing expenses, transportation expenses, etc. for treatment and recovery. and lost income due to lost work.

If the aunt can prove that she had labor income before she was bitten by a dog, and the dog bite resulted in the loss of this labor income, she can also claim lost wages. All compensation shall be borne by both parties in accordance with the lawshare the responsibility according to the proportion of responsibility determined by the court.

Finally, I would like to remind you again that you must strictly manage animals when raising animals. Otherwise, if an accident occurs, you may be liable for compensation.