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recently, mr. long from qiandongnan prefecture, guizhou province reported that his daughter was bitten by a dog in front of a supermarket in kaili city and was seriously injured.

the surveillance video circulating online shows that at 13:29 on september 18, a little girl was crying to a woman at the entrance of a supermarket. a yellow dog suddenly rushed into the camera, knocked the girl down and bit her tightly. the woman hit the dog with flour with one hand and tried to pull the girl out of the dog's mouth with the other hand. she picked up something from the ground and threw it at the dog. some residents nearby came forward to help and finally rescued the girl. the whole process lasted about one minute.

in order to save the girl, the woman threw an object at the dog. photo/surveillance video

in order to save the girl, the woman threw an object at the dog. photo/surveillance video

according to the huashang daily dafeng news, the girl's father, mr. long, said in an interview that on the afternoon of the incident, his wife took their daughter, who was less than 3 years old, to jiahui supermarket in kaili development zone to buy flour. after leaving the supermarket, the mother and daughter stayed near the counter for a while, and a yellow dog suddenly rushed up, bit the child's stomach and tore it.

mr. long said that with the help of people around him, the yellow dog that bit the child was beaten to death. a picture circulated online showed that the yellow dog fell to the ground, blood was on the ground around it, and there was a collar on the dog's neck. mr. long believed that the yellow dog had a collar around its neck, so it should have an owner, but he has not found it yet.

he said that his daughter is in a bad condition and has two deep wounds. she has received rabies vaccine and has been sent to the hospital for further treatment. the current cost is 8,000 to 9,000 yuan, and further treatment may require additional expenses. in addition, his daughter is currently emotionally unstable and is afraid of strangers.

mr. long said that he had reported the incident to the police, who told him that a case had been filed.

in response to this incident, zhao liangshan, senior partner of shaanxi hengda law firm, believes that the issue of tying dogs has long risen to the legal level. the newly revised "animal epidemic prevention law" clearly stipulates that when taking dogs out of the house, they must wear dog tags and take measures such as tying dog leashes in accordance with regulations. the dog was not tied to a leash. if there is a dog owner, then the dog owner is clearly at fault. article 1,246 of the "civil code" stipulates that if safety measures are not taken for animals and cause damage to others, the animal breeder or manager shall bear tort liability.

zhao liangshan stressed that as of now, it is still unclear whether the dog is a stray dog. if the dog is a stray dog, there are three situations: one is that the dog is fed by someone, but only occasionally, in which case the person who feeds the dog is not responsible.

the second is that the person who feeds the dog feeds the dog regularly and for a long time. this long-term feeding behavior causes the stray dog ​​to develop psychological and behavioral dependence and become active in this specific place, increasing the risk factor of threats to the personal safety of others in this place. to a certain extent, the feeding behavior has indirectly become a de facto breeding behavior. in this context, the person who feeds the dog is regarded as a "keeper" or "manager". according to article 1,245 of the civil code, the long-term feeder shall bear the tort liability.

the third situation is that the dog is a pure stray dog ​​and no one feeds it. in this case, the community property management company has not taken necessary measures such as avoiding intrusion and expelling the dog, and the community property management company will undoubtedly bear the fault compensation liability. of course, if the injured person himself fails to fulfill his duty of care, he also has a certain fault and needs to bear a certain fault liability, which will reduce the compensation liability of the property management company.

zhao liangshan pointed out that the dog bit the little girl, and in this emergency situation, the passerby beat the dog to death, which is an emergency avoidance situation. article 182 of the civil code stipulates that if damage is caused by emergency avoidance, the person who caused the danger shall bear civil liability. based on this, the person who beat the dog is definitely not responsible.

in order to prevent the recurrence of dog-injury tragedies, zhao liangshan made the following suggestions: first, in addition to civil compensation, the local police should also prohibit the owner or manager of a dog-injury incident from raising dogs in the future. second, the supervision responsibilities of the street office, dog management department, and property management should be implemented. if there is a lack of supervision, the law enforcement department should seriously hold the relevant responsible persons accountable in accordance with the law. third, we must continuously improve laws and regulations, increase the cost of violations, and then reduce or even avoid dog-injury incidents.

[source: jiupai news]