Is there any responsibility for stray dog property in the community?

Stray dogs in the community are responsible for biting property. Property companies fail to fulfill their security obligations and need to bear fault liability. According to the provisions of China's civil law, if the original owner of the dog can be found, the original owner will bear the tort liability; If you can't find it, it will be borne by the property company.

1. Is the property of the stray dog biting community responsible?

The stray dog bites the property in the community. According to Article 1249 of the Civil Code: "If an abandoned or escaped animal causes damage to others in the process of abandonment or escape, the original owner or manager of the animal shall bear the tort liability." If the original breeder cannot be found, the current manager will bear the responsibility. For example, as a unit that manages the community, if stray dogs in the community hurt people, the property company fails to fulfill its security obligations and needs to bear the fault responsibility.

However, if the injured person is a minor, then the parents of the minor have not fulfilled their guardianship responsibilities and have to bear part of the responsibility. In judicial practice, the responsibilities of property companies and parents are generally divided into 90% and 10% or 80% and 20%. If an adult is injured, because the adult teases the stray dog, the responsibility of the property management company should also be reduced.

If the people who feed stray dogs in the community only feed them occasionally, they will be regarded as stray dogs without managers. Then, if a stray dog bites someone else, the person who feeds the stray dog is not liable.

But if it is a person who feeds stray dogs regularly and for a long time, it can be considered that there is a relationship between the person who feeds stray dogs and the stray dogs, and the person who feeds stray dogs becomes the manager of stray dogs. According to the provisions of the Civil Code, people who keep stray dogs are liable for tort compensation to the victims.

2. What if a pet abandoned by its owner bites?

In the definition of civil law, abandoned things are ownerless things. However, managers abandon pets, in essence, they have not fulfilled their feeding and management obligations, and pets have certain social dangers. If the pet is not handled properly when it is abandoned, resulting in injury to the pet, then the abandoned manager will still be liable for compensation.

Therefore, if an abandoned pet bites you, you can directly find its original manager to bear the tort liability.

But in practice, if the abandoned pet is bitten, it may be difficult to find the original manager. Once it is determined that the pet is in an ownerless state, only a third person can bear the loss.

If you can find the dog tag from the abandoned pet, or if the abandoned pet is still with the manager, you can actively claim personal injury compensation if the original manager can be determined.

When the infringer requests compensation for personal injury, he may request compensation for medical expenses, nursing expenses, transportation expenses and other reasonable expenses for treatment and rehabilitation, as well as income reduced due to absenteeism. If it causes disability, it shall also compensate the disabled for living AIDS and disability compensation. If death is caused, funeral expenses and death compensation shall also be paid.

It is the responsibility for stray dogs to bite the property in the community, and the property needs to bear tort liability. If the injured person is a minor, then the property management company generally bears 90% or 80% of the responsibility, and the rest is borne by the parents of the minor. If a minor is bitten by a stray dog, it will also reduce the responsibility of the property company.