Elderly person tripped and died by a dog leash, who bears responsibility for the accident?

📅 2020-08-19 📂 Zhiming Hot CommentsZhiming Hot Comments 🏷️ #佛山老人被狗绳绊倒致死 #侵权责任法 #Civil Code

[3] Compiled from: The Paper, Eastday.com
 
[4] On August 17, an elderly man in Xingtan Town, Shunde District, Foshan, Guangdong, was tripped by a dog's leash and fell to the ground. He died after rescue efforts failed. This incident sparked heated discussion.

 

[5] Case Review
According to the surveillance footage from the incident, at approximately 5:17 PM on August 17, a woman was walking a white-haired dog on the street. Subsequently, the white dog saw another dog without a leash, ran after it, and the woman was unable to hold it back. Seconds later, during the chase, the leash attached to the white dog tripped an elderly person with white hair, causing them to fall to the ground.
 
At 5:21 PM on August 17, the police received a report that an elderly person was injured and lying on the ground near Luoshui Market in Xingtan Town, Shunde District. Upon receiving the report, police and medical personnel quickly arrived at the scene to handle the situation. Investigation revealed that Luo (female, 12 years old), a villager from Luoshui, had taken out a dog that was tied up at the doorstep of another villager, Luo, to play with. While passing through Luoshui Market, the dog broke free from its restraint. During the chase, the dog leash accidentally tripped Mai (female, 88 years old), a fellow villager, causing injuries. Mai was sent to the hospital for treatment but died despite medical efforts.

 
 

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, this case does not constitute a crime. The girl was walking the dog when it broke free from its restraint, and the dog leash caused the elderly person to fall and die. First, the charge closest to this incident is negligent homicide. However, the starting age for criminal responsibility for negligent crimes is 16 years old. According to reports, the girl involved is only about 12 or 13 years old, which is below the starting age for criminal responsibility for negligent crimes, and she does not meet the subject requirements for negligent crimes.
 
Secondly, even if the girl is over 16, when she is holding the dog leash and the dog breaks free upon seeing another dog, this situation is more likely an accident rather than negligent homicide. The key distinction lies in whether the girl subjectively had negligent oversight. If she did have such negligence and a duty of foresight, she might be suspected of negligent homicide. However, considering the overall circumstances—she was walking the dog with a leash, and the dog broke free upon seeing another dog, which she could not control—the harmful result was not caused by intent or negligence but by unforeseeable reasons. Thus, it leans toward being an accident, and the girl does not bear criminal responsibility.
 
2. Civil Aspects
According to the Tort Liability Law, "a person who infringes upon another's civil rights due to fault shall bear tort liability," and "if a person violates management regulations and fails to take safety measures for an animal, causing harm to others, the animal 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 permission and insufficient safety measures, must bear tort liability for damages, including medical expenses, nursing fees, funeral expenses, and death compensation. Considering Luo is a minor, the economic liability should be borne by her guardian.
 
The Civil Code, which will take effect on January 1 next year, also has relevant provisions for injuries caused by pets: Article 1246 states that if a person violates management regulations and fails to take safety measures for an animal, causing harm to others, the animal keeper or manager shall bear tort liability; however, if it can be proven that the harm was intentionally caused by the injured party, liability may be reduced.

 

 
[1] The author's perspective
Looking at past reports, incidents of injuries due to insufficient control of pets like cats and dogs have occurred in various places over the years. Previously, a 21-year-old college student was bitten while shooing away an unleashed small dog and tragically died of rabies. These "accidental pains" are distressing. After this incident of a dog leash tripping an elderly person to death, local authorities stated that courts and villages (communities) will further strengthen dog management and enhance publicity and education. Moreover, discipline for minors cannot be lacking. According to the Public Security Administration Punishments Law and other regulations, while minors who err may not be punished, "their guardians should be ordered to strictly discipline them."
 
Only by clearly imposing legal penalties upfront and ensuring that education and management measures are truly in place can the "invisible leash" restraining pets be tightened, preventing such tragedies from stinging people's eyes.
 

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