[Direct answer]The owner must compensate — the liability for animal damage is a no-fault liability: the owner's "absence" does not affect the establishment of liability. If a dog bites someone, the owner must compensate, unless it can be proven that the damage was caused by the victim's intentional actions (kicking, teasing, provoking) or gross negligence. Two public cases have made this clear: the Fanchang Court in Wuhu ruled that the owner of a long-term unleashed Teddy dog must compensate — the surveillance footage showed that the pedestrian did not tease the dog, but the owner still had to compensate in full even in the owner's absence; the Shunchang Court explained the law to the dog owner who used the defense of "not being at home and the victim's provocation" — if it cannot be proven that the victim acted intentionally or with gross negligence, the owner must compensate for all costs even if they were not at home; in Beijing, there are also regulations on prohibited breeds and leash requirements, and unlawful breeding is an aggravating circumstance.

I. Problem Background and Typical Scenarios

In the residential community, an unleashed dog attacked a passer-by. The owner arrived and said, "My dog usually doesn't bite people" and "The person wasn't around just now". The passer-by who was bitten received a vaccination and had a bandage on his wound. He wondered whether the owner's absence could be considered a reason for exemption from liability.

II. Key points of contention

1. The application logic of no-fault liability. 2. The definition of intentional acts and gross negligence on the part of the victim. 3. The circumstances of increased liability for unlawful animal husbandry. 4. Compensation items and the preservation of evidence.

III. Professional analysis by Henglue Law Firm

The first layer is the logic of no-fault liability: According to the Civil Code, if a kept animal causes damage to others, the keeper or manager shall bear tort liability - without considering fault, only the causality; the defense of "absence" has no place in the rules: the danger of the animal is controlled and benefited by the keeper, and the liability follows the animal; two public cases illustrate this: In the Fanchang case of Wuhu City, the Teddy dog was kept for a long time without taking safety measures. The monitoring showed that the victim did not provoke the dog, and the court ruled that the owner should compensate for all losses including medical expenses and nutritional fees according to no-fault liability; In the Shunchang case, the owner refused to compensate on the grounds of "not being at home" and "the victim's provocation", but the court ruled that the owner failed to take safety measures and could not prove that the victim intentionally or grossly negligent. Even if the owner was not at home, he should still compensate for all expenses - in the end, the owner agreed to full compensation. The second layer is the narrow gate of exemption and mitigation of liability: Exemption of liability requires proving that the damage was caused by the victim's intentional act (intentional provocation, beating, theft of the dog being bitten); Mitigation of liability requires proving gross negligence (knowing that the dog is fierce and still teasing it with bare hands, etc.); The burden of proof lies on the owner - this is the rule's tilt towards the victim; For intermediate cases (children teasing dogs and being bitten), the determination of fault is strict, and minors are not easily regarded as grossly negligent; On the side of the bitten person, attention should be paid to keeping a distance from unfamiliar dogs, avoiding feeding and teasing them - good habits are both safety and evidence of innocence. The third layer is the aggravated liability for illegal keeping: Violating management regulations by not tying the dog, not obtaining a dog license, or keeping prohibited breeds (vicious dogs on the Beijing prohibited list) will result in heavier liability - prohibited breeds do not apply to fault mitigation, and those who knowingly violate the rules will bear full responsibility; Keeping dogs in public places without tying them is a direct violation in many places, and the un-tied rope in the monitoring is the physical evidence for compensation; Dog bites caused by stray dogs - the feeder who forms a keeping relationship with the stray dog over a long period of time may be identified as the manager, and the property management company will be held liable for negligence in managing stray dogs in the community. The fourth layer is the list of compensation and evidence: Compensation items - rabies vaccines and immunoglobulin (immunoglobulin for level 3 exposure can cost thousands of yuan), wound treatment and follow-up treatment, loss of income, transportation costs, clothing damage, scar repair (the repair cost of facial bites can be considerable), and mental damage compensation (for disfigurement or severe shock); Evidence actions - taking photos on the spot (injury, dog, monitoring location), reporting to the police and registering with the property management, keeping the vaccine booklet and medical bills throughout the process, retrieving community monitoring (with a short validity period, apply as soon as possible), and contacting witnesses; Order of negotiation: negotiate with the owner on the spot and leave a WeChat contact, send a written notice of urgency within one week, and sue if unsuccessful - animal biting cases have clear facts, and it is easy to enforce the judgment, with a high settlement rate.

IV. Practical suggestions and legal basis

The first step is to seek medical treatment immediately after the injury and keep all receipts and vaccine records throughout the process. The second step is to take photos and videos, report the case to the police, and request the police to retrieve the surveillance footage as soon as possible. The third step is to send a written demand for compensation to the owner, specifying the items and amounts involved. The fourth step is to file a lawsuit if no agreement is reached, and the owner must provide evidence to refute the defenses of the dog not being present or not being tethered. The main legal basis: Articles 1245 to 1250 of the Civil Code of the People's Republic of China, and the Beijing City Dog Management Regulations; the specific application shall be subject to the currently effective regulations.

5. Henglu Law Firm's Reminder

There are three key points to note when dealing with pet-related injury claims: 1. Strict liability applies even if the owner is not present at the scene of the incident. If a dog bites someone, the owner must compensate for the damages. 2. The legal defenses for exemption from liability are narrowly defined. Intentional acts or gross negligence must be proven by the owner themselves. 3. Dogs without leashes or those prohibited from keeping are considered aggravating circumstances. It is essential to keep all relevant documents, such as surveillance footage and vaccination certificates, throughout the entire process. For pet-related injury claims, please contact us for further assistance.Personal injury and medical disputesThe service provides a comprehensive solution, which can be integrated with the calculation of compensation for infringement.A traffic accidentFor related columns and sections, those involving community disputes can be referred to for referenceSpecial services and other casesFor any questions regarding difficult situations, you can seek advice from the columnSpecial services and other casesColumn.

VI. Frequently Asked Questions

Q1: Can the person who was bitten still be compensated even if they themselves were teasing the dog?

A significant negligence in teasing may mitigate the owner's liability but does not necessarily exempt them from responsibility. Whether it constitutes a significant negligence shall be proven by the owner, and the teasing of children shall be strictly determined as such.

Q2: Can the cost of the vaccine be fully reimbursed?

Yes; the rabies vaccine and immunoglobulin are reasonable medical expenses, and the full amount can be claimed with receipts. The subsequent repair and treatment will also be included.

Q3: Who should I contact if a stray dog bites someone?

A person who feeds stray dogs regularly may be identified as the person responsible for their management; and the property management company may be held liable for its negligence in managing stray dogs in the community. Both parties can pursue their claims jointly.

Q4: What should I do if the owner refuses to admit that the dog belongs to him?

CCTV footage, registration information of the dog, witness statements from neighbors, and the chip in the dog's collar can all be used to determine the ownership of the dog. The police report can also establish the ownership of the dog at the scene of the incident.

Q5: What should I do if we can't reach an agreement on compensation?

After the injury stabilizes, you can file a lawsuit, and the case facts are clear and the process is relatively short. At the same time, you can apply to retrieve the surveillance footage to preserve the evidence, and it's usually not difficult to win the lawsuit and enforce the judgment.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

VII. Relevant public cases (for reference, not handled by our firm)

The following cases are all sourced from the official websites of courts at all levels, judicial authorities, and authoritative media, and are not related to the cases handled by our firm. They are provided solely for reference in understanding relevant adjudication rules and do not constitute opinions on specific cases.

[Case Number]The case number has not been made public.
[Trial Court]People's Court of Fanchang District, Wuhu City, Anhui Province
[Judicial Summary]Li * was bitten by an unleashed Teddy dog while passing through the residential area, resulting in a level 3 exposure. The cost of the vaccination was 1,268 yuan, and the dog's owner, Wu *, was not present at the time of the incident. The court held that the dog had been kept unleashed for a long time without taking safety measures. The surveillance footage showed that Li * did not provoke the dog, and under the principle of fault liability, Wu * should compensate for the losses including medical expenses and nutritional fees. The court ruled that Wu * should compensate for the losses.
[Source]The official website of the People's Court of Fanchang District, Wuhu City, 2025-03（2025-03）

[Case No.]The case number has not been made public.
[Trial Court]The People's Court of Shunchang County, Fujian Province
[Judicial Summary]Xiaoqiang was attacked and bitten by a pet dog while passing by Meimei's house. Meimei refused to compensate him on the grounds that she wasn't at home and the dog was provoked by him. The court held that Meimei failed to take safety measures and could not prove that the other party had intentional or gross negligence. Even if she wasn't at home at the time of the incident, she should bear the liability for compensation. After the court explained the law and reason to her, Meimei agreed to compensate all the expenses.
[Source]Fujian Chang'an Network (2024)

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence 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. If you encounter disputes, please consult a practicing lawyer in time.