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Procedure to follow if you are bitten by a dog
An unexpected situation happened to you - a dog bit you: don’t worry and control yourself, if possible. When bites are received from someone else's dog, and the owner of the animal was nearby during the attack, try to talk to him. When he is a decent person, he will make contact. Take his phone number and find out his personal information.
Important! Obtain testimony from witnesses. If you are not scared or confused, assess the situation and make sure that one of the passers-by witnessed this emergency. Often people themselves come to help. If the witnesses are adults, ask for their phone number or other contact information.
After an unpleasant contact with an animal, you should immediately consult a doctor. To do this, just visit the emergency room. Medical facility staff are required to record injuries received.
After the doctor, go home to calm down and relax. On the second day after the incident, be sure to go to the Police. At your local office, write a statement indicating that you were attacked and injured by an animal.
Most likely, police officers will not open a case on this fact, but the statement will serve as the basis for the district police officer to conduct an explanatory conversation with the dog owner. Since few people like communicating with law enforcement officers, in all likelihood, the dog’s owner will try to resolve the issue peacefully.
For causing harm to health, you can demand certain compensation from this person. There is no need to ask too much. The dog owner simply does not want to pay an inflated price for your health.
Active Internet users, of course, will search websites for stories about similar situations. Perhaps more than one such case is described there, but nothing can be compared. Perhaps the consequences were so serious that the victims received 100 or 200 thousand rubles. Try to realistically assess your case.
It happens that dogs disfigure victims’ faces, rip off scalps, that is, they inflict such wounds that no compensation can be paid. If an ordinary incident happens to you, do not go too far.
ATTENTION! Look at the completed sample application to the Police if you were bitten by a dog:
Important! When a case of mild bites comes to court, the victim will receive from 10 to 50 thousand rubles in compensation. But if everything is resolved amicably, you can get a smaller amount. The main thing is not to scare off your opponent. Let him be responsible for not keeping an eye on his dog.
How to calculate the amount of compensation without offending yourself? Consider the cost of things torn by the dog, payment for medical supplies, and the amount you lost by not showing up for work. Add to this amount moral damages (within reasonable limits).
You should not address your opponent verbally. Write your claim in two copies.
In the document, state your requirements and the amount of compensation. Arrange a meeting with the dog's owner and convey your wishes. It is not a fact that he will immediately agree to your demands. Try to hand over the document to him and ask him to confirm the fact of delivery with a signature on a second copy. In most cases, you have to go to court. This is where your written complaint comes in handy.
Remember! When the person responsible for the emergency does not make contact or refuses to sign the claim, send it by mail (letter of notification).
Consult a lawyer and file a statement of claim with the court. Increase the amount of compensation, since your opponent did not want to resolve everything amicably. In addition, seek the help of a lawyer who will defend your interests in court. Please note that if you win, the defendant will have to not only compensate for the damage, but also compensate for the payment of state fees and attorney fees.
Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.
Prosecutor's office
Before going to civil court, it is recommended to appeal all violations noticed in the course of resolving the problem in the prosecutor's office. The state oversight body for compliance with the law, if it does not bring the violator to administrative responsibility, will conduct a preliminary inspection and forward the case to the court, monitoring and protesting the judge’s unlawful decisions.
It is better to send such a complaint in writing to the address of the nearest prosecutor's office. You can find out the territorial network subordinate to the Prosecutor General's Office of the Russian Federation through its official website:
- Follow the link https://www.genproc.gov.ru/contacts/map/?DISTR=&SUBJ= indicate the district and subject of the Russian Federation.
- From the list of prosecutor's offices found by the search system, select the one you need and go to its official portal.
- The website of the subject's prosecutor's office must contain a section "Territorial prosecutor's offices" or "Structure", which contains a list of local branches with their contact details.
Structure and content of the complaint:
- Introductory part (“header”) - name of the territorial body and address, full name of the applicant, residence and email address (if available), current telephone number.
- The motivation part is a description of the offense.
- The pleading part is the essence of the applicant’s request.
- Attachments - a list of documents attached to the complaint.
- Signature and date.
How to determine the amount of moral damage, and what factors are taken into account here
We have already described above what you can ask for compensation for. Let's look at this issue in more detail.
The animal owner can be required to:
- compensation for damage to health and property (clause 1 of Article 1064 of the Civil Code of the Russian Federation);
- compensation for moral damage (Article 151 of the Civil Code of the Russian Federation);
- compensation for lost wages for the period during which the victim did not go to work due to injuries received.
In addition, it is possible to compensate for the costs of treatment, special food, purchase of medicines, prosthetics, payment for a nurse’s services, sanitary-resort treatment, purchase of a special means of transportation, retraining and obtaining a second specialty.
All these cases must be documented. It must also be proven that the victim needs all this, but the free provision of such services is not provided (Clause 1 of Article 1085 of the Civil Code of the Russian Federation).
Important! If your belongings become unusable after a dog bite, demand compensation for their value. Be sure to collect all receipts and receipts that prove your expenses.
When deciding on the amount you would like to receive for moral damages, take into account the severity of the wounds received and their consequences, and whether the dog’s owner had the intention of harming your health. Be sure to try to realistically assess your opponent’s financial situation, as well as other points (Article 151 of the Civil Code of the Russian Federation).
Amount of compensation for a child's dog bite
Wounds inflicted by a dog become inflamed and take a long time to heal, which causes physical pain to the baby and provokes psychological trauma.
The amount of compensation depends on the severity of the injuries. When resolving the current situation voluntarily, the amount of payments varies from 50,000 to 100,000 rubles. If there is an unwillingness to compromise, the dog owner is called to account through the courts, which will determine the amount of compensation.
According to statistics, when providing evidence of physical and psychological damage, the amount of payments is over 100,000 rubles. The defendant will also be required to pay a fine under the Code of Administrative Offences.
Read also: Undertaking not to leave
Appeal to the dog owner with a demand for voluntary compensation for harm
The claim is drawn up in order to confirm the fact that the victim contacted the dog owner. Thus, the victim submits to the opponent claims for compensation for harm caused to health or material damage.
The claim is submitted with certificates or other papers showing the amount of damage.
The victim can hand over the document personally to the opponent or send it by registered mail with notification.
In case of personal contact, the owner must sign the second copy of the claim (with a transcript) and indicate the date of receipt.
You set the amount of compensation yourself and inform your opponent about it. During the discussion of the situation, its size may change. It is better to resolve everything peacefully, without going to court.
ATTENTION! Look at the completed sample claim for compensation for damage to the owner of a bitten dog:
Attention! If the dog's owner agrees with you and is ready to compensate for the damage, receive the money against a receipt. In the paper, describe why and how much you received. Some more citizens sign an agreement on voluntary compensation for damage. The document is drawn up in free form.
When people understand responsibility for their behavior and for the behavior of their pets, they cooperate, although the amount of compensation requested by the victim has a great influence on the outcome of the case.
Important! As soon as the money and receipt have been exchanged, the conflict is considered settled. But everything needs to be done legally correctly, especially with regard to receipts.
The owner of the dog should be interested in the fact that, as a result of the agreement, the victim writes a receipt indicating the amount of the amount received. This document is a guarantee that the parties have sorted out the problematic situation and do not have any claims against each other.
It should be noted that when the receipt is drawn up incorrectly or is not there at all, the dog owner faces the risk of a delayed investigation of the case if the victim turns out to be a dishonest person. The receipt is written by the injured party.
Check out the legal requirements for drafting a document:
- the receipt may be written by hand. There is no need to visit a notary;
- the author's handwriting must be clear;
- the document contains a description of the circumstances of the incident and its date;
- the amount of compensation must be indicated;
- the author of the text of the receipt writes that he has no claims against the owner of the dog (the full name, registration or residence address of the owner must be written down);
- the date of drawing up the paper is written;
- the injured party writes down his personal data, address. A signature is added.
A correctly drawn up receipt is a document that has legal force. It is not necessary to have it certified by a notary. This may be a personal initiative of the parties to the conflict.
If the receipt was notarized, in case of proceedings in court, this moment will significantly shorten the process.
ATTENTION! Look at the completed sample receipt for receipt of money:
Watch the video. How to compensate for damage if you are bitten by a dog:
Pre-trial settlement
Dog owners who do not shirk responsibility for their pet’s aggression usually agree to settlement agreements, realizing what the owner faces for a dog bite during a trial.
The injured party's claims must be commensurate with the damage caused by the animal. In practice, it is possible to resolve the conflict when the amount of claims does not exceed 50,000 rubles.
Pre-trial settlement includes:
- providing the facts of the attack - photos, videos reflecting the condition of the victim after the bite, damaged clothes, things;
- attaching copies of documents confirming expenses for treatment and medications;
- filing a claim for an attack with a list of the type and amount of compensation desired.
The issue can be resolved peacefully if the owner of the dog compensates for the damage caused. Refusal to compromise, evasion of receiving a claim will be a weighty argument in court, proving the owner’s unwillingness to bear responsibility for the animal’s aggression.
The claim, along with copies of documents, should be sent by registered mail with an inventory and return receipt requested.
Preparing a statement of claim and filing a lawsuit
Unfortunately, it can be difficult for people to agree among themselves. Therefore, there is a need to go to court. In this case, the responsibility of the dog owner comes only after a trial.
Please note! The application is submitted to the magistrate's court if the value of the claim is below 50 thousand rubles. Otherwise, the case will be heard in the district (city) court.
The plaintiff may demand compensation for material (Article 1064 of the Civil Code), as well as moral damage (Article 151 of the Civil Code):
- compensation for expenses for treatment, purchase of medications, rehabilitation process;
- reimbursement of funds spent on the purchase of items: clothing or shoes;
- covering other expenses arising in connection with the emergency (payment for transport, services of a nurse, doctors, etc.).
The evidence base for expenses is: photographs of wounds, photos of clothes that have become unusable, certificates from doctors, medical reports, receipts for payment for medical procedures, receipts for the purchase of medications and orthopedic devices, etc.
Statement of claim for compensation for material damage.
How to punish the owner if a dog bites you, read here.
Where to turn if a dog bites a child, read the link:
Remember! If you were attacked by a dog and it scared you badly or tore things up but didn't bite you, you can also claim compensation.
Recently, there has been a trend towards an increase in the number of cases of dog attacks on people. Children often suffer from this. In this case, it is necessary to tighten the responsibility of animal owners. They should be held criminally liable for such acts.
When a dog owner deliberately sets the animal against a person, he faces a criminal sentence. Although it will take every effort to prove his guilt.
Payment of state duty
When filing a claim in court, do not forget that you need to pay the state fee.
Its size depends on the price of the claim (clause 1, clause 1, article 333.19 of the Tax Code of the Russian Federation):
- claim price up to 20,000 rubles. – the state duty is 4%, but not less than 400 rubles;
- claim price from RUB 20,001. up to 100,000 rub. – the state duty will be 800 rubles. + 3% of the amount above 20 thousand rubles;
- price ranging from 100,001 rub. up to 200,000 rub. – payment will be 3200 rubles. and another 2% of the amount over 100,000 rubles;
- from 200,001 rub. up to 1 million rubles. – mandatory payment will be 5200 rubles. and 1% of the amount exceeding RUB 200,000;
- the claim costs more than 1 million rubles. The state duty will be 13,200 rubles. and 0.5% of the amount exceeding 1 million rubles. In this case, the state duty cannot exceed 60,000 rubles.
When a criminal case is filed, the civil claim for damages is processed simultaneously with the criminal case.
Remember! When a criminal case is initiated, a civil claim may be brought during the consideration of the criminal case. When filing a civil claim, the plaintiff is exempt from paying state duty (Part 2 of Article 44 of the Code of Criminal Procedure of the Russian Federation).
Statute of limitations
The time limit for filing a claim for damages from a dog bite is 3 years.
Usually victims meet this deadline. But if there were compelling reasons, and the application was not made within the established 3 years, it is possible to obtain an extension of this period.
That is, if you were attacked by a dog, you can write a claim for compensation even after three years. In this case, evidence and witness statements should be provided.
If you are the owner of a dog that bit a passerby, do not forget about this fact. The fact is that you can be sued even after the statute of limitations has expired.
Self-government body in the housing and communal services sector
A complaint about the occurrence of circumstances that impede comfortable living in an apartment building or private cottage community can be sent to the Management Company or HOA. The person authorized to represent the organization is obliged to respond to the violation if the HOA Charter or the agreement between the residents and the management company stipulate the following responsibilities:
- to ensure and maintain sanitary and epidemiological standards of housing;
- to respect the rights of homeowners to silence, rest and safe pastime in the territory of responsibility of the self-government body.
His competence includes a preventive conversation with the offender and, in case of failure, assistance in solving the problem by contacting the internal affairs bodies and other authorized authorities.
The complaint is drawn up in simple written form, in accordance with the general principles for drawing up appeals, which are given as recommendations for writing an application to Rospotrebnadzor.
Responsibility of the animal owner
Let's look at what liability comes for a dog attacking a person. This can be either administrative liability, civil liability, or even criminal liability.
Please note! Criminal liability occurs when the actions of the dog owner are regarded as intentional infliction of grave, moderate or minor harm to health or the intention to kill a person (Articles 105, 111, 112, 115 of the Criminal Code of the Russian Federation).
When an owner sets a dog on a person, even without any consequences, his actions will be qualified under Art. 119 of the Criminal Code of the Russian Federation (threat of murder or infliction of grievous bodily harm).
Administrative liability occurs in the case when the owner did not set the dog on a person and as a result of the attack the victim escaped with fright.
Attention! Such a violation may result in a fine for the dog owner. Individuals pay a fine of 5,000 rubles, officials - 50,000 rubles. (Article 3.5.1 of the Code of Administrative Offences).
By the way, officials are considered to be citizens who were performing their direct duties at the time of the dog attack. Let's say you become a victim of a police officer's dog, who was doing his job at the time of the incident. If there is irrefutable evidence, this person will pay a fine of 50 thousand rubles.
A civil claim is filed in cases where there was no malicious intent on the part of the dog owner, but as a result of the attack the victim suffered material damage and suffered damage to his health.
Important! In civil proceedings, only those cases where minor harm to health was caused will be considered. As a result, he had a short period of loss of general ability to work.
Criminal liability will arise in the case where the health of the victim was caused by negligence to severe or moderate harm (Article 118 of the Criminal Code of the Russian Federation).
Basic rules for walking pets
There is no single law regulating dog walking. At the regional level, there are regulations that define the rules for keeping animals.
The Moscow Decree specifies the following conditions for walking with animals:
- the pet must be on a leash and wearing a secure collar;
- a name tag should be attached to the dog’s neck, on the back of which the owner’s contacts and address are indicated;
- It is prohibited to let your pet off the leash both in crowded places and in sparsely populated areas.
Fighting dogs, or animals with increased aggression, must walk with a muzzle selected according to size. It is prohibited to remove it before returning to personal territory.
Dog walking rules
