Elderly person tripped and died by a dog leash, who bears responsibility for the accident?
[3] Compiled from: The Paper, Eastday.com
On August 17, an elderly person in Xingtan Town, Shunde District, Foshan, Guangdong, was tripped and fell to the ground by a leash attached to a dog, and subsequently died after being taken to the hospital despite rescue efforts. This incident has sparked widespread discussion.
[5] Case Review
According to surveillance footage of the incident, at approximately 17:17 on August 17, a woman was walking a white-haired dog on the street. The white dog then spotted another dog that was not on a leash and ran to chase it, and the woman could not hold it back. Seconds later, as the two dogs were chasing each other, the leash attached to the white dog tripped an elderly man with white hair, causing him to fall to the ground.
At 17:21 on August 17, the 110 emergency hotline received a report: an elderly person was injured and fell near Luoshui Market in Xingtan Town, Shunde District. Upon receiving the report, police officers and medical personnel swiftly arrived at the scene to handle the situation. Investigation revealed that a villager surnamed Luo (female, 12 years old) from Luoshui Village took a dog kept tethered by another villager surnamed Luo at their doorstep out for a walk. While passing through Luoshui Market, the dog broke free from its leash. During its run, the leash accidentally tripped a fellow villager surnamed Mai (female, 88 years old), causing her to fall and sustain injuries. She was sent to the hospital but died despite medical treatment.
The incident is preliminarily determined to be an accident. Currently, follow-up work for the incident is being carried out in an orderly manner. In the next phase, the Xingtan Town Court and various villages (neighborhoods) will further strengthen dog management efforts and enhance publicity and education.
How to assign responsibility?
1、
Criminal aspect
Based on the information disclosed so far, the case does not yet constitute a crime. The girl was walking the dog when it broke free from its leash, and the leash then caused the elderly person to fall and die. First, the charge most closely related to this incident is negligent homicide, and the minimum age of criminal responsibility for a negligent crime is 16. However, according to reports, the girl involved is only twelve or thirteen years old, which is below the minimum age of criminal responsibility for a negligent crime and does not meet the subject elements of a negligent crime.
Second, even assuming the girl was over 16 years old, when she was holding the leash, the dog broke free because it saw another dog. In this scenario, it is actually more likely an accident rather than the crime of negligent homicide. The key distinction here is whether the girl subjectively had negligence involving a failure to exercise due care. If she subjectively had such negligence and also had a duty to foresee, she might be suspected of the crime of negligent homicide. However, considering the entire circumstances of the incident, the girl was holding the leash while walking the dog, and the dog broke free from the restraint because it saw another dog and she could not hold it back. Although this caused objective harmful consequences, it was not caused by intent or negligence, but by unforeseeable reasons. Therefore, it is more inclined to be an accident, and the girl does not need to bear criminal liability.
2. Civil aspects
According to the Tort Liability Law, "a person who through fault infringes upon another person's civil rights and interests shall bear tort liability," and "where a person violates management regulations and fails to take safety measures for an animal, thereby causing harm to another person, the animal's keeper or manager shall bear tort liability." In this incident, the dog owner, due to fault in managing the animal, and Luo, due to fault in taking the dog without authorization and failing to take adequate safety measures, must bear tort liability for compensation for losses in accordance with the law, including medical expenses, nursing expenses, funeral expenses, and death compensation. Considering that Luo is a minor, the financial compensation liability shall be borne by his guardian.
The Civil Code, which will come into effect on January 1 next year, also sets out relevant provisions regarding injuries or deaths caused to others by raised pets: Article 1,246 Where a person violates management regulations and fails to take safety measures for an animal, thereby causing harm to another person, the animal raiser or manager shall bear tort liability; however, if it can be proven that the harm was intentionally caused by the infringed person, liability may be reduced.
[1] The author's perspective
Looking back at past reports, incidents of injuries caused by inadequate restraint of pets such as cats and dogs have occurred in various places over the years. Previously, a 21-year-old college student was bitten after trying to drive away a dog that was not on a leash and tragically died of rabies. These “unexpected pains” are heartbreaking. After the incident in which an elderly person was tripped by a dog leash and died, local authorities stated that the courts and each village (community) would further strengthen dog management work and reinforce publicity and education. Moreover, the discipline of minors must not be neglected. According to the Public Security Administration Punishments Law and other provisions, although minors who commit offenses are not subject to punishment, “their guardians shall nevertheless be ordered to subject them to strict discipline.”
Only when legal punishment is clearly established in advance and education and management measures are truly put in place can that invisible leash restraining pets be pulled tight, preventing similar tragedies from piercing people's eyes.
