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Judicial interpretation being formed on how to handle suits against owners of dangerous pets

By CAO YIN | chinadaily.com.cn | Updated: 2024-02-05 17:30

China's top court said on Monday that it is formulating a judicial interpretation on how to handle cases in which people are harmed by dangerous animals, so that judges can solve relevant lawsuits more efficiently.

"We've decided to make such interpretation after the number and variety of dogs being raised in our country have continuously increased over the past few years, leading to frequent disputes involving dog-inflicted injuries, especially those caused by aggressive dogs," Chen Yifang, chief judge of the Supreme People's Court's No 1 Civil Adjudication Tribunal, told a news conference.

Among those cases, in August 2019, a 7-year-old child surnamed Xu was scratched in the face by an Alaskan Malamute he was playing with in a residential area. Xu's family later sued the dog's owner, surnamed Liu, after they were unable to reach an agreement on compensation.

The local court eventually ruled in favor of Xu's family. It ordered Liu to pay more than 30,000 yuan ($4,168) in compensation because the local dog management regulation states that Alaskan Malamutes are classified as large and fierce dogs that are prohibited from being raised within the city.

Meanwhile, the Civil Code, the nation's fundamental law regulating civil activities, also stipulates that if dangerous animals such as fierce dogs — which are not allowed to be kept as pets — injure others, the owners or breeders should bear responsibility.

Chen said that the court ruling showed that if prohibited animals who are dangerous injure people, the owners must be held liable regardless of whether the victims are at fault.

But Chen admitted that whether that liability can be reduced or exempted when victims are to blame is still being disputed in some areas.

"It's essential to further clarify the issue in a judicial interpretation to help unify standards in such case handling," she said.

On Monday, the top court also disclosed a few concluded cases to reiterate that people under age 18 are prohibited from taking dogs out alone, and residents should put their dogs on leashes when walking them.

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