[Direct answer]If you are bitten by a pet, the animal owner or manager should, in principle, compensate in full — according to Article 1,245 of the Civil Code of the People's Republic of China, the principle of no-fault liability applies, and the compensation can be reduced or waived only if the victim is at fault or has committed a major negligence; if the harm is caused by dangerous animals such as fierce dogs that are prohibited from keeping, compensation is required under Article 1,247 under any circumstances. Steps to protect your rights: immediately seek medical treatment and receive the full course of rabies vaccinations, report the incident to the police to identify the dog and its owner, keep all medical bills, and if no settlement is reached, file a lawsuit within the three-year statute of limitations to claim compensation for medical expenses, loss of income, nursing care, and transportation costs, etc. You can refer to this first.Personal injury legal servicesOrBeijing Henglu Law FirmEvaluate the plan.

I. Legal basis and interpretation of provisions

1. Article 1245 of the Civil Code of the People's Republic of China (effective January 1, 2021)

When domesticated animals cause harm to others, the animal breeder or manager shall bear tort liability; however, if it can be proven that the harm was caused by the victim's intentional or gross negligence, the liability may be exempted or reduced. The interpretation should focus on three points: First, the principle of liability is a no-fault liability. Defenses such as "the dog has always been gentle" and "it was an accident that I didn't keep an eye on it" do not affect the compensation liability. Second, the burden of proof is favorable to the victim. The victim only needs to prove the fact that the animal raised or managed by him/her bit him/her, and the grounds for reducing liability shall be proved by the owner. Third, the determination of "gross negligence" is strict. Being bitten while passing by normally or engaging in normal activities does not constitute gross negligence. Only provoking, chasing, or trespassing in clearly prohibited areas may be deemed as gross negligence.

2. Article 1247 of the Civil Code of the People's Republic of China (effective from January 1, 2021)

Where dangerous animals such as vicious dogs that are prohibited from keeping cause damage to others, the animal keepers or managers shall bear tort liability. This is one of the strictest forms of liability: there are no exemption clauses, and even if the victim has provoking behavior, the owner cannot be exempted from liability on this basis. What constitutes "prohibited from keeping" shall be subject to the local dog keeping management regulations and the prohibited dog list in key management areas. For example, in most urban areas, vicious dogs such as Tibetan mastiffs and pit bulls are prohibited from keeping. Those who violate the rules of keeping prohibited dogs will face not only full civil compensation but also administrative penalties from the public security department, and the dogs may be confiscated. These two consequences often prompt dog owners to actively compensate in the mediation process.

3. Practical judicial interpretation (regarding the determination of the breeding relationship and gross negligence)

The court focused on verifying four facts: the identity of the dog owner or manager (which can be proven by dog registration, vaccination records, community surveillance footage, and neighbor testimonies); the damage consequences and medical expenses; whether the victim committed any major faults such as provoking or chasing the dog; and whether the dog belongs to a breed that is prohibited from keeping. Common circumstances that reduce the liability include the victim actively teasing a restrained vicious dog or feeding a large unfamiliar dog; claims that are not supported often involve minor injuries but high demands for compensation for mental distress. In terms of compensation calculation, costs such as rabies vaccines, immunoglobulin, debridement and suture, and subsequent skin grafting or scar treatment can all be included; damages to personal property such as clothing and mobile phones can also be claimed. If the dog chased someone without being restrained and caused them to fall and get injured, the same compensation rules apply as in Article 1246 of the Civil Code, but the causal relationship between the fall and the dog's actions must be proven.

II. Practical Experience of Henglue Law Firm

Henglue's intuitive feeling when handling disputes caused by animal attacks is that the parties' difficulties often lie not in the legal basis, but in the "dog owners being hard to find" or "owners refusing to admit responsibility". Therefore, the fixation of evidence at the first time of the incident determines the overall situation - immediately call the police to verify the dog's registration and the identity of the dog owner; retrieve the surveillance footage from the residential area or the street; and keep the contact information of the witnesses at the scene. After completing these steps, there will be a basis for subsequent mediation or litigation.

The most frequent disputes focus on the "major negligence" defense. Owners often shift the blame by saying "you provoked the dog first", but in practice, the court's acceptance of this defense requires monitoring or witness testimony to support it, which is difficult to establish solely through their unilateral recounting. Victims who are bitten while walking normally or taking a stroll in the community are usually compensated in full. Another type of dispute is "the dog didn't bite them, they fell due to their own fear". In such cases, the proof of the causal chain is more demanding, and the medical records documenting the injury process are crucial. It is essential to provide a truthful and complete account of the injury to the doctor.

On the path of resolution, it is more efficient to involve the community, property management, or people's mediation committees in handling minor cases. Dog owners are more willing to mediate when they fear administrative penalties. For cases involving larger amounts or leaving scars or functional disabilities, it is recommended to claim compensation in one go after the treatment is completed and a disability assessment is conducted, to avoid missing out on subsequent treatment costs. If mediation fails, directly file a lawsuit and list both the dog owner and the actual manager as defendants. The relevant procedures can be referred to for reference.Personal injury legal services\nPage.

III. Frequently Asked Questions

Q1: What kind of compensation can be claimed if you are bitten by a pet?

The main items include: medical expenses (rabies vaccine, immunoglobulin, debridement and suture, and subsequent scar treatment costs), loss of income, nursing care fees, transportation fees, and nutrition fees; for cases involving disability, there are disability compensation and compensation for mental distress; property losses such as damaged clothing and phones can also be claimed. According to Article 1245 of the Civil Code, the above-mentioned expenses shall be borne by the keeper or manager. If the treatment has not yet ended, the subsequent treatment fees can be claimed separately after they actually occur, or they can be sued for together after the treatment ends. It is important to keep all receipts.

Q2: What should I do if the dog owner denies that it was their dog that bit someone?

Determine the breeding relationship based on evidence: Report the case to the police immediately. The police's on-site investigation records and interrogation transcripts of the dog owner are the most powerful materials; check the surveillance footage in the residential area and shops to confirm the dog's entry and exit and the person leading it; keep the dog's registration information and vaccine record; ask neighbors and witnesses to testify. According to the law, the victim does not need to prove the owner's fault, but only needs to prove that the damage was caused by the animal raised or managed by the owner. If the owner still denies it in court and it contradicts the surveillance footage and interrogation transcripts in the case, the court will significantly reduce the credibility of his overall statement, which will be unfavorable to him.

Q3: The unleashed dog attacked me and knocked me down, causing injuries. Can I claim compensation for this?

This can be claimed. Where a dog is not leashed in accordance with regulations or fails to take safety measures and causes damage to others, Article 1246 of the Civil Code shall apply. The keeper or manager shall bear tort liability, but the liability may be mitigated if the victim acted intentionally. The difficulty lies in proving the causal relationship between the fall and the dog's attacking, chasing, or barking behavior: it is ideal to have surveillance footage of the incident, followed by the injury cause recorded in the medical records, witness testimonies, and corroborating evidence from the scene. Compensation in such cases is more difficult to obtain than for direct bites, so it is recommended to immediately report the incident to the police after the injury and fully preserve the evidence before negotiating with the dog owner.

Q4: How much does it cost and how long does it take to file a lawsuit?

The case acceptance fee shall be paid in stages according to the amount of the claim. For claims under 10,000 yuan, the fee is 50 yuan per case. For cases handled under the simplified procedure, the fee shall be reduced by half, and the losing party shall ultimately bear the cost. The amount claimed should be reasonable, and the litigation fees corresponding to the overstated portion shall be borne by the claimant. In terms of timeframes, cases handled under the simplified procedure shall be concluded within three months, and cases handled under the ordinary procedure shall be concluded within six months. For cases involving serious injuries requiring appraisal, the overall timeframe shall be extended accordingly. In cases of dog bites, the facts are relatively clear, and most of them are resolved through pre-litigation or pre-trial mediation. If the dog owner refuses to fulfill the judgment after the judgment, the plaintiff may apply for compulsory enforcement against the dog owner's bank account or property.

Q5: Who should I seek compensation from if I'm bitten by a stray dog?

This is the most challenging situation in animal-related harm cases, which can be divided into two categories: first, where there is a factual keeping relationship, such as long-term fixed-point feeding or stray dogs that are fed and cared for by others. The feeder may be identified as the keeper or manager, and can still claim compensation according to Article 1245 of the Civil Code; second, where the stray dogs are truly unattended. It is necessary to examine whether property management companies, sanitation departments, and other units have fulfilled their management responsibilities, and share the liability according to the degree of fault. It is recommended to first report the case to the police and retrieve surveillance footage to clarify the scope of the dog's activities and the identity of the feeder, and then determine the defendant. Do not give up the claim easily just because "the person cannot be found".

IV. Suggestions for Protecting Rights

  • After being bitten, seek medical treatment immediately and receive the full course of rabies vaccinations. Keep all medical records, vaccination records, and receipts. Prioritize health and maintain consistent evidence documentation.
  • Call the police immediately and retrieve the surveillance footage to identify the dog owner's identity. Never accept verbal promises of a "private settlement" before the owner's identity is confirmed.
  • When negotiating, it's advisable to draw up a written compensation list. You can also invite the community, the property management company, or the People's Mediation Committee to get involved, which is cost-effective and efficient.
  • If the dog owner refuses to compensate or their identity is unknown, it is recommended to file a lawsuit as soon as possible within the three-year statute of limitations. For more information, please refer to the relevant legal provisions.Personal injury legal servicesOrBeijing Henglu Law FirmEvaluate the plan.

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