Nowadays, more and more caring people feed and build warm shelters for displaced dogs, cats and other animals. Who is responsible for the infringement of these animals?
Recently, according to media reports, Yunxi court concluded one case in which the adoption of stray dogs resulted in the injury of others, and the court made a judgment that Zhou, the adopter of stray dogs, should compensate the victim Zhang for more than 3,700 yuan of economic loss. Are you shocked by the judgment?
In fact, the court made this decision reasonably and appropriately according to common sense and law. China's tort liability law makes relevant provisions on the liability for damage to breeding animals. If the breeding animals cause damage to others, the animal keeper or manager shall bear the tort liability. Zhou has been feeding pigs for a long time, thus attracting stray dogs to stay in the yard for food. He did not take thorough and effective measures to drive away stray dogs, which should be regarded as the fact that he has accepted stray dogs as domestic dogs and taken care of the house for them, and has objectively become the actual manager of stray dogs. So, Zhou ought to undertake corresponding tort liability to victim Zhang.
Why do we turn out to be accountable for infringement when we are helping them out of the goodness of our hearts? So, how can we protect ourselves while giving our love?Because long-term feeding behavior tends to attract more stray dogs to gather together, causing inconvenience to others. Therefore, it is suggested that the caring people take them home for care and control, or send them to the shelter or other public welfare organizations.
Although China has taken certain measures in the prevention and control of rabies, as a country with a high incidence of rabies, plus the Changchun Changsheng vaccine incident that broke out before, people change their faces when talking about dogs. Caring people should take a reasonable view of the humane treatment of stray dogs and never violate the bottom line of the law in the name of love.