[Direct answer]In the Beijing area, if a dog is not leashed when being walked and causes harm to others, the owner or manager of the dog is usually liable for infringement. According to Articles 1245 and 1246 of the Civil Code of the People's Republic of China, if an animal causes harm to others, the animal owner or manager shall bear infringement liability; if the owner or manager violates management regulations and fails to take safety measures for the animal (such as not leashing it), causing harm, in principle, regardless of whether the infringed party is at fault, the owner or manager shall bear full liability. Only when the infringed party intentionally provokes the animal can the liability be reduced.

1. Problem background and typical scenarios

Leashing dogs while walking them is a frequent source of disputes in cities: small dogs suddenly attacking passers-by, dogs being startled and breaking free to knock down elderly people, pet dogs chasing children and causing them to fall, and even cases where the dogs did not directly come into contact with the victims but caused them to fall due to being startled. The injuries can range from minor scratches and bites to elderly people's fractures and facial disfigurement. Dog owners often defend themselves by saying that their dogs are gentle and that the victims provoked them, while the victims argue that not leashing dogs while walking them is itself a fault.

II. Key points of contention

The controversy focuses on three points: First, the legal consequences of not tying the dog. Dog management regulations in various regions generally require that dogs be tethered when taken out, and violating this requirement constitutes a failure to take safety measures, subjecting the owner to stricter liability and making the victim's general negligence no longer a reason for reducing liability. Second, the determination of the victim's fault. Only if it can be proven that the injured person intentionally provoked or attacked the dog, can the liability be reduced. Ordinary fear and avoidance do not constitute fault. Third, the causality between the damage and the act of keeping the dog. If the victim falls due to being scared or is hit by the dog running around, as long as there is a causal relationship with improper keeping and management, the keeper should still bear compensation responsibility.

III. Professional analysis by Henglue Lawyers

Our experience in handling cases involving animal attacks shows that the absence of a leash is almost always a decisive factor in determining liability. Once it can be proven that the dog was unleashed at the time of the incident, the owner almost loses the opportunity to mitigate their responsibility. In similar cases in the Beijing area, the courts have taken a clear negative stance towards unregulated dog walking behavior, and violations of the dog management regulations are directly used as evidence of failure to fulfill safety management obligations. We once handled a case where a large dog attacked an elderly person doing morning exercises and caused a fracture. The dog owner claimed that the elderly person approached the dog voluntarily, but the court ruled that the unleashed dog had violated management regulations. The elderly person was found to have been passing by normally and was not at fault, and the court ordered the dog owner to fully compensate for the medical, nursing, and disability costs. Conversely, if the owner had properly leashed the dog and the victim had intentionally provoked the dog, the responsibility would shift to the victim. Such cases can be referenced for reference.Personal injury compensationThe method of providing evidence, and for cases involving mental harm, additional evidence may also be provided in conjunction with it.Specialised legal servicesEvaluate the scope of the claim.

IV. Practical suggestions and legal basis

According to Article 1245 of the Civil Code of the People's Republic of China (General Liability for Damages Caused by Keeping Animals), Article 1246 (Liability for Failing to Take Safety Measures in Violation of Safety Management Regulations, which came into effect on January 1, 2021), and Article 1247 concerning the no-fault liability for keeping dangerous animals causing harm to others. Suggestions: First, the injured person should immediately take photos and videos to document the unleashed state of the dog, the wound, and the scene; Second, retrieve surrounding surveillance footage and retain the contact information of witnesses; Third, seek medical treatment promptly and keep all medical bills; Fourth, clarify the fact of keeping the dog unleashed during negotiations, claim compensation for medical expenses, nursing care, loss of income, transportation costs, and reasonable mental damages, and, if necessary, file a lawsuit and apply for a disability assessment.

5. Henglu Law Firm's Advice

The injured should not settle the matter privately just because the wound is minor. The cost of vaccines and follow-up treatment after exposure to rabies may be underestimated. Only by receiving formal medical treatment and keeping all receipts can they claim full compensation. Dog owners should make it clear that tying up dogs is a legal obligation, not an optional action. Actively paying for medical expenses and keeping the receipts after the incident will help clarify responsibilities and ease conflicts. If the dog injures someone due to third-party provocation or negligence in the management of the venue, the division of responsibilities will be more complicated, and it is necessary to fix evidence from all parties at the same time. If there are difficulties in fulfilling compensation, the enforcement process can be assisted by relevant departments.Creditor's rights and debts, and enforcementThe process proceeds; for disputes over disability grades, please refer to the relevant provisions.Work-related injuries and personal injury appraisalsA thorough understanding of the relevant standards.Beijing Henglu Law FirmReminder: If you fail to keep your pet on a leash, you will likely be held liable for any damages caused. The correct approach is to obtain evidence and comply with relevant regulations.

VI. Frequently Asked Questions

Q1: Can I win a lawsuit against a dog that bit someone without being on a leash?

The victim has a high chance of winning the case. Failure to leash the dog violates the regulations on dog safety management and constitutes a failure to take safety measures. In principle, the dog owner should bear full liability for infringement, and the victim's general fault will not reduce the liability. As long as it can be proven that the dog was not restrained and caused the damage, the claim will generally be supported.

Q2: What evidence do I need to prepare?

The key evidence includes: on-site footage or surveillance footage showing the unleashed dog, photos of the wounds, witness statements, medical records and receipts for medical expenses, rabies vaccination records, and records of communication with the dog owner. The most crucial evidence is anything that demonstrates the dog was out of control at the time of the incident.

Q3: What are the approximate costs of attorney fees and litigation fees?

The litigation fees shall be prepaid according to the standard for property cases corresponding to the amount of compensation, and shall be borne by the losing party. The compensation amount for cases involving injuries resulting in disabilities shall be higher. The attorney's fees shall be negotiated or charged on a per-case basis, subject to the provisions of the entrustment contract. For small-value cases with clear facts, mediation may be used to control costs in advance.

Q4: How long will it take to process it?

The treatment and vaccine injection cycle is relatively short, but the disability assessment process takes one to three months. The first-instance litigation under the ordinary procedure takes three to six months, and if the facts are clear, the case can be adjudicated quickly. If the judgment is not enforced after it takes effect, the time for applying for enforcement will be calculated separately.

Q5: What exactly should I do in the first step?

After being injured, immediately rinse and disinfect the wound and seek medical treatment. Keep all medical bills and vaccination records. At the same time, take photos or check the surveillance footage to prove that the dog was not tied up, secure the scene and gather witnesses. Then, use the evidence to negotiate with the dog owner. If no agreement can be reached, file a lawsuit as soon as possible.

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

If you are 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

Disclaimer: This article is compiled based on the current laws and regulations and publicly available 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. In case of disputes, please consult a practicing lawyer in time.