[Direct answer]Generally, the original owner or manager of the animal is liable for any damages caused by the abandoned or escaped animal during the period of abandonment or escape. According to Article 1249 of the Civil Code of the People's Republic of China (effective January 1, 2021), if an abandoned or escaped animal causes damage to others during the period of abandonment or escape, the original owner or manager of the animal shall bear tort liability. In other words, even if the dog has been abandoned, as long as it can be determined that it belongs to the original owner or manager, they should still bear responsibility for the damages caused by the dog during the period of abandonment or escape. In addition, according to Article 1245, if a kept animal causes damage to others, the animal keeper or manager shall bear tort liability. However, if the keeper or manager can prove that the damage was caused by the victim's intentional or gross negligence, they may not bear or reduce their liability; if the keeper or manager violates management regulations by failing to take safety measures for the animal or keeping dangerous dogs that are prohibited from keeping, the liability will be even stricter, regardless of fault. Victims should preserve the scene evidence, medical records, and the keeper's information, and claim compensation in a timely manner.

1. Problem background and typical scenarios

Stray dogs injuring people is a common urban safety issue, many of which result from the abandonment of pets by their original owners. Typical scenarios include: owners abandoning dogs in residential communities when moving, leading to dogs biting passers-by; owners failing to supervise their dogs, causing them to escape and injure people; long-term feeding of dogs in residential communities forming a de facto management relationship, leading to biting incidents; and victims having difficulty identifying the dog's owner and facing challenges in seeking justice. When handling such cases in Beijing, the court will identify the original owners or managers of the dogs and determine the responsible party based on special rules regarding abandonment and escape.

II. Key points of dispute

First, does the original owner still need to bear responsibility after abandoning the pet? Second, what are the criteria for identifying the original breeder and the manager? Third, can long-term feeders become managers? Fourth, how can liability be mitigated when the infringed party is at fault? Fifth, what items are included in the scope of compensation? Sixth, how to seek remedies when the breeder cannot be identified?

III. Professional analysis by Henglue Lawyers

Based on Henglu Law Firm's practical experience in handling personal injury cases, such disputes typically revolve around three points. First, the subject of liability: According to Article 1249 of the Civil Code, the damage caused by abandoned or escaped animals shall be borne by the original breeder or manager; therefore, even if the dog has been abandoned, the original owner may still be held accountable. When determining liability, evidence such as dog registration, vaccination and medical records, surveillance videos, neighbor testimonies, and payment receipts can be used. Second, the composition of liability: Damage caused by keeping animals generally applies to no-fault liability. Only when it can be proven that the damage was caused by the infringed party's intentional or gross negligence can the liability be exempted or reduced. If the management regulations are violated and no safety measures are taken, the liability will be even greater. Third, the scope of compensation: It includes actual losses such as medical expenses, nursing care fees, transportation costs, and loss of income. For those who suffer from disabilities, it also includes disability compensation and compensation for mental damage, which are determined based on evidence and actual losses. In practice, on-site handling, medical treatment, and evidence preservation have a significant impact on the outcome of the case.

IV. Practical suggestions and legal basis

Action list: First, seek medical treatment promptly and keep the case records, diagnosis certificates, medical bills, and follow-up consultation records; Second, take photos and videos of the scene to record the event and fix the characteristics of the dog as much as possible; Third, report to the property management, community, and public security authorities, inquire about the dog registration and surveillance information, and confirm the original keepers or managers; Fourth, keep the proof of loss such as loss of work, nursing, and transportation; Fifth, if no agreement can be reached, promptly file a lawsuit to claim compensation. For personal injury cases, please refer to the relevant provisions.Personal injury and medical disputes; Issues involving neighborly relations and property management can be combined togetherProperty sales and construction projectsColumn. Legal basis: Articles 1245, 1246, 1247, and 1249 of the Civil Code of the People's Republic of China (effective from January 1, 2021). Specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Advice

Firstly, abandoning an animal does not exempt the original owner from liability, and they may still be held accountable if the animal injures someone after being abandoned. Secondly, liability for animal damage is often based on a strict liability regime, with limited scope for defenses. Thirdly, promptly securing evidence and confirming the identity of the animal owner are key to pursuing compensation. Fourthly, if long-term feeding has established a management relationship, the feeder may also be identified as the manager of the animal. If you are currently facing similar issues, you can seek assistance through the following channels:Personal injury and medical disputesThe service provides a comprehensive solution that integrates property management and neighborly relationsReal estate transactions and construction projects板块。

VI. Frequently Asked Questions

Q1: Do I still need to take responsibility even if I abandon my dog?

It may still be necessary. According to Article 1249 of the Civil Code of the People's Republic of China, if an abandoned or escaped animal causes damage to others during the period of abandonment or escape, the original keeper or manager shall bear the tort liability. Therefore, abandoning the animal does not exempt the owner from liability. As long as it can be verified that the owner or manager is the original keeper or manager, they may be required to bear compensation, so they should not evade responsibility by abandoning the animal.

Q2: Is feeding stray dogs on a long-term basis considered being a caretaker for them?

They may be identified. If the feeder feeds the animals regularly and permanently and actually controls their activity range, forming a de facto management relationship, the court may identify the feeder as the manager and make him bear corresponding responsibilities. Whether a management relationship exists needs to be determined based on factors such as the continuity of the feeding, the location, and the degree of control. Therefore, long-term feeding should pay attention to both safety precautions and social responsibilities.

Q3: Can the person who was bitten reduce their liability if they are at fault?

Possibly. According to Article 1245 of the Civil Code, if it can be proven that the damage was caused by the infringed party's intentional or gross negligence, the infringer may not be held liable or may have his/her liability reduced. For example, intentionally provoking or chasing a dog and resulting in being bitten may be considered gross negligence. However, if the keeper violates management regulations by failing to take safety measures or keeping dangerous dogs that are prohibited from being kept, the liability will be even stricter.

Q4: What kind of compensation can I claim?

You can claim reasonable expenses incurred due to the injury, including medical expenses, nursing care fees, transportation costs, nutritional expenses, and loss of income; if the injury results in disability, you can also claim disability compensation and disability assistive device expenses; if it causes serious mental harm, you can claim compensation for mental harm. When making a claim, you should submit evidence such as receipts, diagnosis certificates, loss of income certificates, and appraisal opinions, and calculate the compensation based on the actual losses.

Q5: What should I do if I can't find the dog's owner?

There are multiple ways to find the owner. You can report the case to the property management, the community, and the public security authorities, and request access to surveillance footage and dog registration information; inquire among surrounding residents to gather clues; if the dog is being kept illegally or without registration, you can report the case to the competent authorities. If you really cannot identify the owner or manager, you can evaluate whether there are safety protection obligations and responsibilities of entities such as the property management, and if necessary, assert your rights through litigation.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm for specific situations.

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