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China’s Supreme Court Issues Rulings on Dog Attacks Liability

09/29/2024
in Blog
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On Thursday, China’s Supreme People’s Court issued new judicial interpretations to tackle disputes related to tort-liability issues under the Civil Code. These include cases involving child trafficking and abduction, injuries caused by banned aggressive dog breeds, and damages from objects being thrown or falling from heights.

These interpretations, set to take effect on Friday, aim to clarify responsibilities, resolve widely publicized disputes, address new trial practice situations, and deal with urgent disagreements.

According to the People’s Daily, these judicial interpretations enhance civil penalties for child trafficking and abduction and other torts that unlawfully separate wards from their guardians. They explicitly provide for compensation to cover reasonable expenses incurred by guardians in searching for their wards.

Incidents of injuries caused by aggressive dog breeds have been frequent in recent years. To regulate dog owners’ behavior and ensure public safety, it is clearly stated that dog keepers cannot avoid liability if prohibited aggressive dogs cause harm to others.

In essence, if a banned aggressive dog injures someone, the owner must assume full responsibility, irrespective of whether the victim was at fault.

Furthermore, the interpretations specify liability for falling objects, asserting that the primary responsibility lies with the individual who threw or caused the object to fall. Property management companies failing to implement necessary safety measures bear secondary liability.

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