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How to deal with the dog bite property in the community
First, what responsibility should the community dog bear for biting the property?
If the dog that bites in the community is a stray dog, the property management company needs to bear the management responsibility of improper safety protection measures, otherwise the dog owner or direct management personnel will bear the tort liability, and the property management company has no tort liability obligation in principle. If the bitten person is bitten by a dog subjectively or because of a major fault, the tortfeasor may reduce the compensation or not.
The property is responsible. If the dog owner is found, the dog owner takes full responsibility. If the dog owner can't be found, then the property company will bear the corresponding responsibility according to the fault. Because property companies should have a normal sense of safety maintenance. If the raised animals cause damage to others, the animal keeper or manager shall bear the tort liability, so if the owner of the dog is found, the owner of the dog shall bear the tort liability.
Animal breeders or managers shall bear the tort liability for dog bites in the community. If the damage is caused by the intentional or gross negligence of the infringer, the infringer may not bear or mitigate the responsibility. If an animal causes damage to others due to the fault of a third party, the infringed may claim compensation from the animal keeper or manager or the third party. After making compensation, the animal keeper or manager has the right to claim compensation from a third party.
Disputes arising from the property management company's failure to fulfill its security obligations and the owner's being bitten by a stray dog in a closed community can be appealed on the grounds of property service contract disputes, life rights, health rights and body rights disputes.
Second, what are the main items that need compensation for dog bites?
General compensation includes: medical expenses, lost time, transportation expenses, rabies vaccination expenses, nutrition expenses, and possible hospitalization food subsidies and nursing expenses. If it constitutes a disability, you can also claim compensation for disability compensation and spiritual comfort.
Anyone who infringes upon others and causes personal injury shall compensate for medical expenses, nursing expenses, transportation expenses and other reasonable expenses for treatment and rehabilitation, as well as the income reduced due to missed work.
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.
Anyone who infringes upon the personal rights and interests of others and causes serious mental damage to others may request compensation for mental damage.
Anyone who infringes on others and causes personal injury shall pay compensation for medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospital food subsidies and other reasonable expenses for treatment and rehabilitation, as well as the income reduced due to missed work. If it causes disability, it shall also compensate for the cost of assistive devices and disability compensation; If death is caused, funeral expenses and death compensation shall also be paid.
If a dog bites a person in a residential area, if it cannot be proved that the bitten person has subjective intention or major fault behavior, the dog owner or manager needs to bear the liability for compensation. If it is a stray dog and the original owner and manager of the dog cannot be found, the property management company needs to bear the legal responsibility of dereliction of duty in safety management and compensate the bitten person accordingly.
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