[Direct answer]In the Beijing area, if the keeping of prohibited vicious dogs and other dangerous animals causes harm to others, the keepers or managers shall bear tort liability and the liability shall be strict. According to Article 1,247 of the Civil Code of the People's Republic of China (effective from January 1, 2021), if prohibited vicious dogs and other dangerous animals cause harm to others, the animal keepers or managers shall bear tort liability. Unlike the general case of harm caused by keeping animals, this article does not stipulate the circumstances of reducing or exempting liability due to the fault of the infringed party. Therefore, if the keeping of prohibited dogs causes harm, the keepers and managers shall bear stricter liability and generally cannot reduce or exempt liability on the grounds of the victim's fault. The scope of compensation generally includes medical expenses, loss of income, nursing care expenses, disability compensation and compensation for mental distress. It should be noted that various localities have clear regulations on prohibited dog breeds, and keepers should check and abide by the local lists. Keeping prohibited dogs not only faces administrative penalties, but also may bear heavier civil liability for causing harm.

1. Problem background and typical scenarios

The harm caused by keeping dangerous dogs is a type of personal injury dispute that attracts significant public attention. There are three typical scenarios: first, keeping prohibited dog breeds that bite passers-by; second, failing to properly supervise dangerous dogs, resulting in others being bitten or frightened and injured; third, the keepers claim that the victims were at fault and demand a reduction in liability. Beijing and other places have clear regulations on prohibited dog breeds and dog-keeping behaviors. Those who keep dangerous animals in violation of the regulations bear strict liability in the determination of responsibility. Understanding the relevant regulations and compensation scope can help clarify the responsible parties and make reasonable claims for compensation.

II. Key points of contention

First, the nature of liability for harm caused by prohibited dangerous dogs. Second, whether the infringed party's fault can reduce or exempt liability. Third, the basis for identifying prohibited dog breeds. Fourth, the administrative and civil liabilities of keepers who violate management regulations. Fifth, the scope of compensation and the key points of evidence. The core is to review the harm caused by prohibited dangerous animals under the framework of strict liability, clarifying that their liability is heavier than that caused by ordinary kept animals, and generally not reduced or exempted due to the victim's fault.

III. Professional analysis by Henglue Law Firm

From a practical perspective, harm caused by keeping dangerous animals such as prohibited vicious dogs is the most stringent category of liability for harm caused by keeping animals. The Civil Code stipulates no-fault liability for general harm caused by keeping animals and allows for mitigation or exemption of liability when the infringed party acts with intent or gross negligence; it also stipulates that only intentional acts can reduce liability for harm caused by failing to take safety measures; and for prohibited vicious dogs and other dangerous animals, it directly stipulates that keepers and managers bear tort liability and does not set up circumstances for mitigation or exemption of liability due to the infringed party's fault. This means that keeping prohibited dangerous animals itself is highly illegal and dangerous. Once harm occurs, the keeper usually needs to bear heavier compensation liability. In practice, when identifying the situation, we should refer to the list of prohibited dogs announced locally to verify whether the involved dogs belong to the prohibited category. If the keeper violates the regulations, they may also face administrative penalties. For the infringed party, they should seek medical treatment, report the case to the police, and fix evidence in time, clarify the identity of the dog's keeper or manager, and claim compensation for losses such as medical expenses, loss of income, nursing care expenses, disability compensation, and compensation for mental distress. If no agreement can be reached, they can sue the keeper or manager to bear corresponding responsibilities and, if necessary, apply for injury and disability appraisals to determine the amount of losses.

IV. Practical suggestions and legal basis

Action recommendations: Firstly, breeders should check and comply with the local list of prohibited dog breeds and not keep dogs in violation of regulations; Secondly, immediately treat the victims after an injury and keep records; Thirdly, the victims should seek medical treatment, report the case to the police, and apply for access to surveillance footage in a timely manner; Fourthly, fix the evidence of the prohibited dog breeds and the breeding relationship to clarify the responsible parties; Fifthly, if no agreement can be reached, claim compensation through litigation and, if necessary, apply for appraisal. For cases involving personal injury and medical disputes, reference can be made to the relevant provisions.Personal injury and medical disputesFor issues related to administration and compliance, you can refer to the following document for reference.\nExpropriation and demolition vs. administrative litigationLegal basis: Article 1247 of the Civil Code of the People's Republic of China (effective as of January 1, 2021), as well as the current effective dog-keeping management regulations in the local area. The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

Firstly, the strict liability applies to the harm caused by the prohibited breeding of vicious dogs, and the liability is generally not reduced or exempted due to the victim's fault. Secondly, keepers should abide by the local regulations on the prohibition and management of dog breeding. Thirdly, those who violate the regulations may also face administrative penalties. Fourthly, it is necessary to fix the evidence in time and identify the responsible parties. For claims involving personal injury, the parties involved can proceed through legal channels to protect their rights and interests.Personal injury and medical disputesFor service acquisition involving administrative compliance, it can be combined with other services.\nExpropriation and demolition, and administrative litigationFor reference on implementation, you can refer to the following content.Creditor's rights and debts, and enforcement casesColumn.

VI. Frequently Asked Questions

Q1: How to compensate for a bite from a vicious dog?

The breeder or manager shall bear the liability for infringement and compensate for losses such as medical expenses, loss of income, nursing fees, disability compensation, and compensation for mental distress, with stricter liability requirements.

Q2: Can the victim's fault reduce the owner's liability?

Generally, it is not allowed. The regulations prohibiting the keeping of dangerous animals such as vicious dogs do not provide for circumstances where the infringer's fault may lead to a reduction or exemption of liability. Keepers of such animals are usually required to bear heavier responsibilities.

Q3: How to determine whether a dog is prohibited from being kept as a pet?

The list of dog breeds prohibited from keeping in the local area should be used as the basis to verify whether the dogs involved in the case belong to the category of dogs prohibited from keeping or restricted in rearing, and the judgment should be made in accordance with the local regulations on dog keeping management.

Q4: Will there be any penalties for keeping dogs illegally?

Yes. Those who illegally keep prohibited dogs may face administrative penalties, and they may also bear civil liability for causing harm. In serious cases, they may even be subject to criminal liability.

Q5: What evidence is needed for a claim?

You should keep the medical records and receipts, the materials of the police report and surveillance footage, the proof of the relationship between you and the dog and the breed certificate, and the proof of loss of income and nursing care. If necessary, you should apply for an injury or disability assessment.

The above answer is based on the judicial practice in the Beijing area. The judicial interpretations in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Personal injury legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.