[Direct answer]In the Beijing area, the animal owner or manager who bit the pet should bear the tort liability. According to Article 1245 of the Civil Code of the People's Republic of China (effective January 1, 2021), if a domesticated animal causes damage to others, the animal owner or manager shall bear the tort liability. However, if it can be proven that the damage was caused by the victim's intentional or gross negligence, the owner or manager may not bear or may reduce the liability; if the owner or manager violates the management regulations and fails to take safety measures for the animal, they shall bear the liability according to Article 1246. If the owner or manager keeps dangerous animals such as vicious dogs that are prohibited from keeping and causes harm, the liability shall be stricter according to Article 1247. If a pet is bitten and injured, it constitutes property damage. The compensation scope usually includes treatment fees, necessary transportation fees, and care expenses. If the pet dies, the owner or manager may claim the corresponding value loss. When making the claim, the owner or manager needs to submit the diagnosis and expense receipts, and use on-site evidence to identify the responsible party.

1. Problem background and typical scenarios

With the increasing number of pet-keeping families, the number of biting incidents between pets has also risen. Typical scenarios include: unleashed dogs biting other pets while walking; two dogs fighting in a residential area, with one pet injured; being bitten by other dogs during boarding or pet store care; the owner admitting responsibility on the spot but refusing to compensate afterwards; and difficulties in protecting rights when the dog's owner cannot be identified. When handling such disputes in the Beijing area, the authorities will focus on identifying the owner or manager of the animal and determine the responsibilities and compensation scope in accordance with the rules on animal-related damages.

II. Key points of contention

First, how to identify the responsible party. Second, whether the infringed party can be held less accountable when they are at fault. Third, what items are included in the scope of compensation, and how to determine the value of the pet. Fourth, whether the treatment costs are limited to necessary and reasonable amounts. Fifth, how to seek remedies when the owner is unable to identify the responsible party. Sixth, whether compensation for mental damage can be claimed.

III. Professional analysis by Henglue Law Firm

Based on Henglu Law Firm's practical experience in handling infringement and personal injury cases, such disputes typically revolve around three points. First, the basis of liability: Animal harm generally applies to no-fault liability, and the breeder or manager cannot exempt themselves from liability on the grounds of no fault. Only when it is proven that the infringed party has intentional or gross negligence may they be exempted or reduced from liability; if no safety measures are taken or vicious dogs are kept, the liability will be even greater. Second, the identification of the responsible party: The ownership of the dog can be confirmed through dog registration, vaccination and medical records, surveillance videos, and property and neighbor testimonies; if it is a stray dog, it is necessary to further identify its original breeder or manager. Third, the scope of compensation: Medical expenses for the pet being bitten, follow-up treatment costs, transportation costs, and necessary care expenses are eligible for compensation; if the pet's death or disability results in a reduction in value, corresponding property losses can be claimed, usually requiring proof of value through purchase receipts, breed, and market prices. In practice, seeking medical treatment promptly and fixing the scene evidence at the first time are key to obtaining compensation.

IV. Practical suggestions and legal basis

Action list: First, immediately take the injured pet to the hospital and keep the case records, diagnosis certificates, and expense receipts; Second, take photos and videos at the scene to record the characteristics of the other party's dog and its owner's information, and call the police if necessary; Third, retrieve the surveillance footage and contact the property management and the community to help confirm the ownership of the dog; Fourth, keep the receipts for follow-up medical checkups, vaccines, and nursing expenses; Fifth, if no agreement can be reached, promptly file a lawsuit to claim compensation. For cases involving personal injury and infringement, you can refer to the relevant provisions of the Civil Code of the People's Republic of China.Personal injury and medical disputes; Those involving neighborly relations and property management can be combined togetherReal estate transactions 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). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, animal-related injuries often involve strict liability, with limited room for defense. Secondly, evidence determines whether the responsible party can be identified, so it's better to collect evidence at the scene as soon as possible. Thirdly, treatment costs must be necessary and reasonable, and all relevant receipts should be kept intact. Fourthly, claims for pet value must be supported by evidence, as subjective valuations alone are unlikely to gain legal recognition. If you are currently facing similar issues, you can seek assistance through the following channels:Personal injury and medical disputesWe can provide a comprehensive solution for services, which can be integrated with property management if necessary.Real estate transactions and construction projects板块。

VI. Frequently Asked Questions

Q1: Who is responsible if a dog bites my pet?

The keeper or manager of the animal that bit the pet is responsible. According to Article 1,245 of the Civil Code of the People's Republic of China, if a kept animal causes damage to others, the keeper or manager shall bear tort liability. If they violate management regulations and fail to take safety measures, such as not leashing the dog when walking it, the liability will be stricter. Only when it can be proved that the damage was caused by the infringed person's intentional or gross negligence, may they be exempted from or have their liability reduced.

Q2: What does the compensation for a pet being bitten include?

It usually includes the treatment costs of injured pets, follow-up treatment and vaccination fees, necessary transportation and care expenses; if the death or disability of a pet affects its value, corresponding property losses can be claimed. When making a claim, you should submit a diagnosis certificate, expense receipts, and the pet's purchase receipt or value materials. Pets are generally considered property in law, so it's usually difficult to obtain support for compensation for emotional distress.

Q3: What should I do if the other party refuses to admit that the dog is theirs?

It can be determined through evidence. Retrieve the surveillance footage from the scene of the incident, contact the property management and the community, and collect the testimonies of neighbors; check the dog registration and vaccination records, as well as medical records; save the photos and videos of the scene, and record the appearance characteristics of the dog. If necessary, call the police to request assistance in the investigation. If it is really impossible to identify the owner of the dog, it can be evaluated whether the property management and other parties have failed to fulfill their obligations of ensuring safety, but this needs to be based on specific facts.

Q4: Should there be stricter penalties for people who walk their dogs without leashes?

Possibly. According to Article 1246 of the Civil Code, if a person violates management regulations and fails to take safety measures for animals, causing damage to others, the animal keeper or manager shall bear tort liability; only if it can be proven that the damage was caused intentionally by the infringed party, can the liability be mitigated. Behaviors such as not tying up the animal or not wearing a muzzle are often regarded as failing to take safety measures, thus aggravating the liability.

Q5: What should I do if the treatment cost is too high and the other party refuses to pay the compensation?

It can be resolved through negotiation or litigation. If negotiation fails, you can file a lawsuit based on the diagnosis certificate, treatment list, and expense receipts, claiming necessary and reasonable treatment costs. If the other party questions the reasonableness of the expenses, you can apply for an appraisal of the necessity of the treatment. It is recommended to keep complete medical records and billing details to avoid some expenses not being supported due to missing receipts.

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 relevant 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 publicly available adjudication rules, and is provided 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. In the event of a dispute, please consult a practicing lawyer in a timely manner.