The dog is said to be man’s best friend and thus without a doubt one of the most popular pets. Acquiring it brings not only joy, but also a whole host of responsibilities. These include the obligation to ensure that the new dog does not cause harm or injury to anyone. This obligation applies to owners of any breed of dog and even owners of all animals. Practical examples show that a poodle, ram, or goat can be just as dangerous as a bull terrier.
February 16, 2021 • 11:21 am
The case of a child bitten by a dog in a Petrin aroused feelings in the community and once again made clear how dangerous some animals are. The four-year-old ended up seriously injured in hospital, had to undergo surgery and put him into artificial sleep. The man who walked with the dog after the attack did not provide assistance to the injured child, nor did he wait for the components of the integrated rescue system to arrive. Leave the place. The next day he arrived at the office, where he told the police in his defense that he was not the owner of the dog and that he was only walking with him. Is this defense legally possible?
Animals are the senses of gifted living beings. Their behavior is often impulsive, unpredictable, and unpredictable. When we decide to take care of any animal, we consciously endanger our surroundings. They can be pets, farm animals, or exotic animals.
Compensation can cost millions
When an animal causes harm or injury, the owner usually pays for it. It does not matter whether the animal is in the joint ownership of spouses or in joint ownership. The damage shall be compensated by solidarity and solidarity by the person to whom the animal has been entrusted or otherwise used. In the case of dogs, this means in particular a person whom the owner delivers the animal to for the purpose of taking or caring for the duration of his leave. It does not matter whether this person owns the dog or “only walks” it, he is responsible for the damage and damage that occurs.
This legislation strengthens the position of the aggrieved. Otherwise, it will be very difficult for him to find out the true owner, and therefore he can claim compensation even from the person for whom the animal was supposed to be under watch at a critical moment.
The owner and the person to whom the animal has entrusted the animal must compensate for the damage and injury even if the animal escapes or stray. The Civil Code provides for two exceptions. The first relates to pets that the owner uses for a gainful business or subsistence (such as a cow), or animals that act as an aid to a disabled person (such as a guide dog). The second concerns cases of stealing an animal from the owner or his entrusted person.
The man’s defense, which consists only of walking the dog, is indecisive. At the same time, it is not clear from the available information that any of the above-mentioned exceptions apply in this case. Therefore, it is possible that the man will pay compensation for the child. Although the described legal regulation is relatively strict, I consider it appropriate. It would be unfair to the aggrieved party that only one who could bind it to the animal could be relieved of liability by claiming that the animal was not his own. Not only should animal owners be aware of their responsibilities, but anyone who decides to take care of these animals must.
April 6, 2021 • 12:35 pm
I also consider it appropriate to indicate that a dog may not only harm a person or cause property damage, but may bite another dog in a row. Another animal. Even the cost of treatment can run into staggering amounts. All reasonable costs associated with caring for the health of the injured animal must be compensated, even if they exceed its price significantly.
Every time a dog attacks a person, consideration must be given to the dog’s contribution to the damage. If an animal provokes it, gets angry, or approaches it without permission and frightens it, even though it sees it as having no muzzle, for example, this fact must be taken into account when determining the extent of the damage to be caused. Compensation. Then the compensation will be reduced.
Doing damage is not limited to large or fighting dogs. For example, the Supreme Court ruled in the case of a woman whose dog broke into the road and caused a motorcycle accident. There have also been cases of ram or kitten infestation.
Violating the obligation to muzzle or chain a dog can commit an offense
Municipalities, within their independent jurisdiction, may impose obligations on dog breeders by decree. They can direct them to keep the dog’s muzzle in public or not to run freely, i.e. be restrained. For violating this decree, the dog breeder commits an offense and may be fined.
A situation in which a dog harms another person’s health is also considered a crime. The difference from the crime lies in the type, extent and severity of the injury. Likewise, any crime committed by anyone does not guarantee that the animal they are raising does not harm or kill another breeder’s animal, or does not take any measures against its escape.
Even if a crime is committed, it is not critical whether or not it is the owner of the animal. It is important who the dog has with him and who is responsible for him.
If the dog fails, he may commit a crime
If we consider the possibility of committing a crime, then if the animal causes more serious injuries to a person, then two basic situations can be distinguished. Initially, the culprit intentionally uses the dog as a weapon. He may commit the crime of bodily harm, grievous bodily harm, or even murder. In the past, the Supreme Court ruled in the case of a man who ordered his dog to “jerk” and then bite a police officer. Committed the crime of assaulting a public servant.
The second group of cases consists of situations where a person does not take adequate measures against personal injury or causing harm to the dog. Usually he is allowed to move freely or not hold the fence and the dog runs away. In fulfilling other preconditions required by criminal law, this person may commit the criminal offense of bodily injury through negligence, grievous bodily harm, or death due to negligence.
Jan 19, 2021 • 11:28 am
As in the case of crime, it is not necessary that the perpetrator always be the owner of the dog. It would be anyone who intentionally used the dog as a weapon or violated their obligation to secure the dog so that someone would not be harmed.
If a dog is bitten and the person in charge does not provide first aid, he may commit the crime of not providing assistance.
Restrictions on breeding fighting breeds and other solutions to dog attacks on humans
In the past, there have been unsuccessful efforts in the Czech Republic to restrict the possibility of acquiring a breed that is generally considered dangerous or combat. I don’t think we need such an amendment. Instead of the desired result, this will lead to the emergence of the black market, an increase in the number of abandoned dogs, and problems with traveling with animals across the border.
I consider it more appropriate to prevent harm from municipalities and dog breeders themselves. We must be aware that any dog can be dangerous if preventive measures are not followed. Municipalities must often use their powers to impose an obligation on dog owners to wear a muzzle and tie their dog, and at the same time to enforce established obligations. Dog owners who have received basic obedience training for a period of time can be exempted for the dog fee and thus incentivized to complete the training. Owners themselves can fulfill the protective obligation by using a leash, muzzle and an insurance arrangement that will cover the damage caused by their dog.
The author is deputy editor of the media platform Právo21, which deals with law in a simple and understandable way on the web.
April 12, 2021 • 8:54 PM
April 9, 2021 • 12:27 pm