In recent years, as the number of dog owners has increased, incidents involving injuries caused by unleashed dogs during walks have become more frequent. According to Article 1,245 of the Civil Code of the People’s Republic of China, pet owners or managers are liable for damages caused by their animals, unless they can prove that the injury resulted from the intentional act or gross negligence of the injured party. This means that if a dog injures someone while off-leash, the owner is generally held civilly liable, regardless of whether they acted with intent or negligence.Many local governments have also enacted municipal dog-keeping regulations that explicitly require dogs to be leashed in public. For instance, Beijing’s Dog Ownership Management Regulations and Shanghai’s Dog Keeping Administrative Measures both stipulate that walking a dog without a leash is illegal and may result in warnings, fines, or even confiscation of the animal.In judicial practice, courts typically rule that failing to leash a dog constitutes a failure to fulfill reasonable management duties, thus establishing fault. Even if the dog did not actively attack but merely startled a passerby—causing them to fall and get injured—the owner may still be held liable. Therefore, responsible dog ownership is not only a moral expectation but also a legal obligation. Owners are strongly advised to always leash their dogs, ensure vaccinations are up to date, and provide proper training to promote public safety and community harmony.
近年来,随着养犬人群的增加,因遛狗未牵绳引发的安全事故频发。根据《中华人民共和国民法典》第一千二百四十五条规定,饲养的动物造成他人损害的,动物饲养人或者管理人应当承担侵权责任;但若能证明损害是因被侵权人故意或重大过失造成的,可以不承担或减轻责任。这意味着,一旦宠物狗在未牵绳状态下伤人,无论狗主人是否主观存在过错,原则上都需承担民事赔偿责任。多地也出台了地方性养犬管理条例,明确要求携犬出户必须使用牵引绳。例如,《北京市养犬管理规定》和《上海市养犬管理条例》均规定,遛狗不拴绳属于违法行为,可被处以警告、罚款甚至没收犬只等处罚。司法实践中,法院通常认定未牵绳遛狗属于未尽到合理管理义务,构成过错。即使狗并未主动攻击,仅因突然窜出导致路人受惊摔倒受伤,饲养人仍可能被判担责。因此,文明养犬不仅是道德要求,更是法律义务。建议养犬人务必为爱犬佩戴牵引绳、接种疫苗,并加强日常训练,共同维护公共安全与邻里和谐。
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