If a dog bites you, what is the owner’s responsibility?

Let's start with the fact that back in Soviet times there were rules for keeping and walking dogs. Nobody has canceled the responsibility for keeping the animal; the owner will be obliged to compensate for all losses and damage to health, compensation for moral damage (see the link for more information about this possibility and the procedure for applying), in the event of trouble with you and his animal.

ATTENTION : our lawyer will help not only the injured party, but will also defend the dog owner when the amount of the penalty is too high or an unfounded accusation is made for the incident.

Owner's responsibility if a dog bites a person

On the territory of the Russian Federation, Law No. 498-FZ of December 27, 2018 “On the responsible treatment of animals” is in force.
The document states that setting dogs on people, except in cases of self-defense, is not allowed. If violations are detected, pet owners bear administrative, criminal or other liability as provided for by current legislation. The law also specifies requirements for keeping animals. A dog that may be considered dangerous to others should not be walked without a leash and muzzle. Such an animal can only roam freely in a specially fenced area belonging to the owner. There should be a sign at the entrance warning about the presence of a dog.

Reference! The list of potentially dangerous breeds was approved by Government Decree No. 974 of July 29, 2019.

The owner's liability is regulated by Art. 137 Civil Code of the Russian Federation. In accordance with the regulatory legal act, animals are subject to general rules for maintaining property. In this regard, the owner is responsible for damage caused by a pet when attacking a person or another dog.

Rules for walking animals

At the federal level, a law on keeping animals and owners’ responsibility has not been adopted, although it has long been under discussion. Only regional regulations and individual norms prescribed in different documents apply.

Thus, according to Moscow legislation, it is allowed to take pets outside if a number of requirements are met:

on a leash indicating the animal’s name, the owner’s address, and his phone number;
Letting off a leash is allowed in uncrowded places;
Put muzzles on “vicious” animals.

There are no instructions in the document about which dogs are considered vicious, although we are talking about the uncontrolled actions of animals that represent a source of increased danger.

tee.

How to walk your dog?

There is no specific law that regulates the rules of walking. However, there are several legislative acts that are described in various documents that state the following.

How to walk your dog:

To walk your dog, you need to put a collar on it with the owner's name, address and phone number. It is allowed to let the dog loose, that is, let it off the leash, only in places where there are practically no people walking.
If the animal is aggressive, it is walked with muzzles.
The most interesting thing is that these documents do not provide a clear justification for which dog should be considered vicious or aggressive. Accordingly, the owner himself may not consider his pet dangerous, and therefore do not put a muzzle on him and let him off the leash.
Very often the victim itself becomes the culprit of the bite. This happens due to improper behavior in the presence of an animal.

Dog attack

Administrative responsibility

The Code of Administrative Offenses of the Russian Federation does not provide for a fine for the owner of an animal.
But documents can be accepted at the regional level. In accordance with Moscow Law No. 45 of November 21, 2007, the following fines are imposed on pet owners:

causing damage to property 500-1000 rubles;
in case of an attack on someone else’s pet, as a result of which it received minor or serious injuries, 4000-5000 rubles;
baiting people or animals 2000-5000 rubles;
if a pet attacks a person and causes harm to his health, 4000-5000 rubles.

Regional authorities have the right to set their own fines for walking a dog without a muzzle or leash.

Causes of bites

In many cases, you can avoid animal aggression by following the rules of communication with unfamiliar dogs:

You should not get close to the animal, especially while eating;
Small children who pull animals by the ears or tail should be taken away;
do not touch puppies - the maternal instinct of protection is triggered in animals;
when sniffing a strange dog, you should not make sudden movements - it is perceived as a threat;
At close range you should not look a stranger’s dog in the eyes - this is perceived as a challenge.

There are cases of owners of fighting breeds inciting fighting breeds against people. Persons for such acts face not just an administrative fine for a dog bite, but a real prison term, although this can be difficult to prove.

Criminal liability

If a dog causes harm to a person’s health, its owner may be held criminally liable.
The punishment depends on whether it was done intentionally or unintentionally. The severity of the harm caused is also taken into account. If the dog owner deliberately set the dog on another person, as a result of which he was injured, then he faces:

up to 8 years of imprisonment in case of loss of vision, hearing, loss of any other organ, acquisition of disability, mental disorder, termination of pregnancy (Article 111 of the Criminal Code of the Russian Federation);
up to 3 years, if the victim received injuries that were not life-threatening, but caused long-term treatment and loss of ability to work up to 1/3 (Article 112 of the Criminal Code of the Russian Federation);
up to 4 months arrest, correctional labor for up to 1 year or a fine of up to 40,000 rubles. when causing minor harm to health (Article 115 of the Criminal Code of the Russian Federation).

If the incident occurred by accident, and the dog owner is not guilty that another person received serious injuries, then the punishment may be (Article 118 of the Criminal Code of the Russian Federation):

fine up to 80,000 rubles. or in the amount of the convicted person’s income for 6 months;
compulsory work up to 480 hours;
arrest for up to six months;
restriction of freedom up to 3 years;
correctional labor for up to 2 years.

This article can be applied in a situation where the owner of the dog lost control of the dog on a leash during a walk, and it bit a passerby. Cases where slight damage to health is caused and this was done unintentionally are not subject to criminal liability. But the owner of the animal will need to compensate the victim for material losses.

Payment of state duty

The amount of the state fee payable for filing a claim is determined in the provisions of Article 333.19 of the Tax Code of the Russian Federation. Its size depends on the requirements of the claim being filed.

Important! If the claim is of a non-property nature, then based on the norm of subparagraph 3 of paragraph 1 of Article 333.19 of the Tax Code of the Russian Federation, an individual will have to pay only 300 rubles for filing it, and a legal entity - 6,000 rubles.

If the claim filed is of a property nature, the amount of the state duty is established by subparagraph 1 of paragraph 1 of Article 333.19 of the Tax Code of the Russian Federation:

up to 20,000 rubles - 4 percent of the claim price, but not less than 400 rubles;
from 20,001 rubles to 100,000 rubles - 800 rubles plus 3 percent of the amount exceeding 20,000 rubles;
from 100,001 rubles to 200,000 rubles - 3,200 rubles plus 2 percent of the amount exceeding 100,000 rubles;
from 200,001 rubles to 1,000,000 rubles - 5,200 rubles plus 1 percent of the amount exceeding 200,000 rubles;
over 1,000,000 rubles - 13,200 rubles plus 0.5 percent of the amount exceeding 1,000,000 rubles, but not more than 60,000 rubles.

Attention! The amount of the state fee charged for filing an administrative claim, provided that such a claim is subject to assessment, is determined according to the above principles.

Civil liability

In Art.
1064 of the Civil Code of the Russian Federation states that damage caused to a citizen or his property must be compensated by the person responsible for it. The legal act states that the obligation may be imposed even if the person did not cause the damage himself. Thus, the owner of a pet is responsible for the damage it causes, including to other people’s property. Art. 151 of the Civil Code of the Russian Federation states that the victim can seek compensation for physical or moral suffering caused to him. It is awarded in monetary form in proportion to the damage suffered.

Victims are often faced with the question of where to turn if they are attacked by a dog. First of all, you will need to contact a medical organization to document your injuries and get the necessary help. With a certificate issued at a clinic or hospital, you must contact any police department. The statement must indicate the essence of the incident and the requirement to bring the dog owner to administrative responsibility.

Medical workers are required to independently report to the police about complaints from citizens who have suffered serious harm to their health.

The police are given a period of 30 days to consider the application (Law No. 59-FZ of 05/02/2006). If necessary, the time may be extended for another month, of which the applicant must be notified. A response to the results of consideration of the application is sent by e-mail or registered mail to the specified postal address.

You can file a complaint with the police through the department’s online resource.

To do this you need:

Go to the website of the Ministry of Internal Affairs.
Go to the “For Citizens” section.
Select department.
Fill out the form, outlining the nature of the incident and the requirements.
Wait for a written response.

You can attach photos, videos, and documents in electronic form up to 5 MB in size to your appeal. An electronic application is considered within the same time frame as one sent in writing. The decision to consider the appeal is sent no later than 1 day after its issuance.

Sequence of actions when biting

The wounded person is given first aid (the wound is washed, treated with an antiseptic, bandaged) and sent to a doctor. At the doctor's office, he is given an injection for rabies. If a dog has an owner who let it off the leash without a muzzle, you can demand compensation from him for damage to health. It is possible to agree on its amount peacefully or, if the culprit does not recognize himself as such, through the court. The sequence of actions is as follows:

Getting first aid.
A visit to the nearest police station (a police officer examines the victim and the scene of the incident, documents all this, an aggressive dog can be seized from the owner).
Search for the owner of the dog if he is not found near the animal (carried out by a police officer or the person who was bitten).
Contacting a doctor and recording this fact on paper and in video or photo format.
Establishing contact with the dog’s owner regarding compensation for losses (expenses for a trip to the doctor, payment for torn clothes, medications).

You can also demand compensation from representatives of local authorities, but only if the attacking dog is a stray. It may not be possible to obtain compensation, since an attack by such a dog is considered an accident. But it is necessary to draw attention to the problem, because if a child is bitten by an ownerless dog, who is responsible is the person who fed it, but not the administration, which did not bother to catch the animals in a timely manner.

Animal aggression is sometimes unfounded

Possible consequences of a dog bite

Each situation is individual, so the consequences can be very diverse, both superficial and deep, more serious. In general, when bitten by a street dog, the following consequences are possible:

The bitten area swells, this indicates injury to the skin.
Enlarged lymph nodes throughout the body.
Severe headaches, dizziness, sometimes weakness and nausea.
Increased body temperature.
Pain at the bite site.

The most serious consequence is rabies, so you need to see a doctor and get injections for prevention. All of the above conditions do not indicate infection, they only indicate the fact of a bite. If anxiety continues for more than 2-3 days, you should definitely go to a medical facility.

Going to court

If the dog owner does not plead guilty, the victim can go to court.
This is advisable if a citizen demands compensation for physical or moral harm. If serious harm to health is caused, the plaintiff can write a statement after the initiation of a criminal case and until the judicial investigation is completed. In this case, the applicant is exempt from paying the state fee (Article 44 of the Code of Criminal Procedure of the Russian Federation).

If a citizen suffered mild or moderate harm from a dog attack, he can also file a claim for damages. The application is submitted at the place of residence of the animal owner. If the petition concerns compensation for injury to health, then the plaintiff can send it to the court department at his residence or where the incident occurred (Articles 28, 29 of the Code of Civil Procedure of the Russian Federation). If the claim amount is less than RUB 50,000. it is reviewed by a magistrate. If the required compensation is higher, then the application must be submitted to the district court.

Attention! The state duty when filing a claim of a property nature depends on its value and is calculated in accordance with the norms specified in Art. 333.19 Tax Code of the Russian Federation.

The amount of damage will need to be confirmed by documents or testimony.

The following can be attached to the claim:

results of medical examination;
police certificate;
checks and receipts spent on medicines and medical services;
calculation of the amount of the claim.

Compensation for moral damage must be justified.

Peaceful settlement

A dog was bitten by a wasp in the paw or face: what to do?

You can settle the issue of compensation for damage caused without going to court. To do this, the owner of the neighbor's dog will have to pay for the treatment of the victim. But they rarely agree to this, since a peaceful settlement is disadvantageous for both sides.

For your information! The dog caused not only physical, but also mental harm. Proving the presence of the latter will be difficult.

A bitten person sometimes makes impossible demands and tries to get more than his due. If there really is damage, then it is better to determine compensation through the courts.

Arbitrage practice

Judicial practice shows that the court is often on the side of the injured party.
In this case, the amount for damage caused may be lower than what the applicant requests. Thus, the Perm Regional Court made a decision in case No. 33-12655-2017 dated November 20, 2017, awarding compensation for moral damage in the amount of 20,000 rubles. to the owner of the animal because his dog bit a woman and her pet, causing minor harm to health.

The Nizhny Novgorod Regional Court, under No. 33-14054/2017, issued an appeal ruling on 011/21/2017 in favor of the plaintiff. A Rottweiler dog severely bit a child, as a result of which he required long-term treatment and suffered psychological harm. The court ordered the defendant to pay moral compensation in the amount of 150,000 rubles. and pay court costs.

How to prove that it was this dog that bit?

Proving that it was a specific dog who bit will not be difficult if there were witnesses to the situation. That is, you can prove the bite of a specific dog with the help of witness testimony.

In addition, a dog can bite in a public place where there are video cameras. In this case, the evidence will be CCTV footage.

In addition, the evidence will be the explanations of the dog’s owner, who will not dispute the fact that his dog bit the victim.

It will be quite difficult with evidence in a situation where at the time of the dog bite there were no witnesses and there were no CCTV cameras and the owner does not admit that his dog bit someone.

You can resort to tricks and, for example, talk to the dog’s owner about the incident. In a conversation, the dog owner may not deny this fact. However, an oral conversation cannot be added to the case, so it is worth either conducting the conversation in the presence of witnesses or recording it on a phone camera.

Where can I complain about an attack on a child by a rabid dog?

If a child is bitten by a rabid dog, you must contact the veterinary service or the animal control department to file a complaint. The statement of claim should indicate the facts of what happened, and also attach to it all kinds of evidence indicating the requirement to catch the dog if it is homeless, or the requirement to contact the immediate owner for further examination of the animal for rabies.

If a rabid dog that has bitten a child has an owner who fled the scene of the incident, then the injured party can file a statement for the police with a request to bring him to administrative responsibility for violating the rules of walking a dog and to criminal liability for causing harm to health.

Claim for compensation

Compensation can be obtained in three ways - voluntary compensation from the offender, by filing a petition according to the rules of civil procedure, by filing a civil claim within the framework of existing criminal proceedings.

The first task is to determine the monetary equivalent of damage resulting from a criminal act. In the case of an injured child, you need to calculate the cost of medical services and medications. In addition, the psyche of children has not yet been formed, so such an event can affect the emotional state of the victim. And this requires intervention from psychologists, whose services are not free. Sometimes property also suffers, for example, clothing, personal items, expensive toys. All this is also included in the category of losses.

The size of the claim must be justified. To do this, documents confirming expenses are collected - statements, invoices, receipts, payment slips. The volume and nature of compensation is determined by the court in accordance with Art. 1085.

Statute of limitations

As a general rule, the statute of limitations is three years. For cases of compensation for damage caused to the health of an individual, it is the same. If for some reason, for example, the duration of treatment, the rehabilitation period, the plaintiff did not meet this deadline, the legislator provides the opportunity to restore it.

Thus, if the injured party has the entire package of documents necessary to compensate for the harm caused, the claim can be filed three years after the events occurred. However, such a late application to the court for protection of one’s rights and legitimate interests must be legally justified. Otherwise, the deadline will be missed and you will not be able to file a claim.