Who will be responsible for the dog bite in Sichuan boy community?

In the past few days, three-year-old Lu Xiao had gauze wrapped around her head, and she was afraid when she saw dogs.

On the evening of May 23, when Mr. Lu, a citizen of Guangyuan, Sichuan, came home with his wife and son, he was suddenly thrown down by a dog and bit his head in the Sunshine Community on the south bank of Guangyuan. Later, he went to the hospital for ten stitches. He is still under observation in the hospital. On the 28th, Mr. Lu introduced that they have been looking for the dog owner recently, but there is still no result. The lawyer said that if the dog owner cannot be found, the property company will bear the corresponding responsibility for failing to fulfill its safety obligations.

Bad dogs bite.

A 3-year-old child was bitten in the community 10 needle.

Mr. Lu introduced that on the evening of 23rd 10, he, his wife and son entered from the main entrance of the community. When he went downstairs, a big white dog suddenly jumped out, directly tackled his son who was walking behind and bit his head. When Mr. Lu saw this, he kicked the dog away, picked up a wooden stick on the ground and chased the dog to the ground until it was killed.

"At that time, my son was walking behind, and the dog suddenly came out from the side. Then I threw my son directly and took a bite. His face was covered with blood. Later, we quickly took our son to the hospital for treatment. He had ten stitches on his head. " Mr. Lu said that afterwards, he went to the property management office for monitoring and found that the dog entered from the west gate of the community that night 10: 02. 10: 08, when they walked to the downstairs of a building in their community, their son was bitten by a dog. "I was bitten by a dog in the process of hitting the dog."

On the morning of 28th, in the surveillance video provided by Mr. Lu, the reporter of Chengdu Business Daily saw that his wife walked in the front, Mr. Lu walked in the middle, and three-year-old Xiao Lu walked at the end. Downstairs in the unit, a dog jumped out directly from the back of the building and tackled Xiao Lu, who was walking behind. After seeing this, Mr. Lu kicked the dog away directly.

Dog owner

The community posted flyers, and the circle of friends was fruitless.

"I'm sorry, son, dad didn't stop you from getting hurt for the first time ..." On the 24th, Mr. Lu posted some photos after the injury in his circle of friends, as well as a photo of his chest injury.

On the 28th, Mr. Lu said that when he saw the long wound on Lu Xiao's head and heard his son crying when he was sewing in the hospital, he felt very painful in his heart. However, after the incident, no one recognized the dog.

Unable to find the owner of the dog, Mr. Lu printed a leaflet that read: "Excuse me, kind people, have you seen this dog?" On the evening of May 23rd, 20 18, a dog bit me and my son in the Sunshine Community on the South Bank. Please contact me. " At the same time, photos of the child and Mr. Lu were attached to the leaflet, as well as photos of the dog being beaten by Mr. Lu. In Mr. Lu's circle of friends, he also sent many photos of children's injuries and looked for dog owners through his circle of friends.

However, a few days passed, and Mr. Lu still couldn't find the owner of the dog. For such a situation, Mr. Lu believes that the dog entered the community alone and there was no security stop. The property company has not fulfilled its safety responsibility and should bear the responsibility. "However, I have looked for property management many times and they are indifferent."

On the 28th, according to the telephone provided by Mr. Lu, a reporter from Chengdu Business Daily contacted a female manager of the residential property. The other party said it was not convenient to talk on the phone and wanted to interview the scene.

Lawyer's statement

If the property management company fails to fulfill its safety obligations,

Should bear the corresponding responsibility.

Then, who should bear the responsibility of Mr. Lu and his son being bitten by dogs in the community?

Jiang bo, a lawyer of Sichuan Shu Ren Law Firm, believes that if the dog owner is found, the dog owner will take full responsibility. If the dog owner can't be found, then the property company will bear the corresponding responsibility according to the fault. Because the property company should have a normal sense of safety maintenance, but in this case, the property company failed to fulfill its safety obligations, so the property company should bear corresponding responsibilities for its negligence.

Wang, a lawyer of Beijing (Cheng) Law Firm, believes that according to the Tort Liability Law and other relevant laws and regulations, if the raised animals cause damage to others, the animal keeper or manager should bear the tort liability, so if the owner of the dog is found, the owner of the dog should bear the tort liability. If you can't find the owner of the dog, according to the relevant laws and regulations of our country, the property management company has the obligation to maintain the public order in this community, and the safety precautions are in place. However, the residential property management company allowed the dog to enter the residential area to bite Xiao Lu, and failed to fulfill its security obligations within a reasonable limit, and should bear certain responsibilities.