How to bring to justice the owner of a dog that bit a person?

May 24, 2021

Adviсe

What threatens its owner? Why may the victim receive nothing for the harm caused? And who will be held to blame if the dog is a stray?

A dog is called man's friend. Many people love these animals for their loyalty. But no matter how loyal and friendly a four-legged pet is, it can also cause harm. Not long ago, US President Joe Biden's shepherd dog bit a White House security officer. The press service called the incident a “biting incident.”

At the same time, the participants in such incidents are often not domestic dogs, but stray dogs. According to Rospotrebnadzor statistics for 2020, in Russia 353 thousand people suffered from dog attacks, of which 290 thousand became victims of stray dogs.

Causes of bites

Dogs often bite their owners. The causes of bites can be:

• lack of attention on the part of the person, in this case the animal does not bite with full force, usually there are no wounds left, only marks from the teeth;
• manifestation of aggression towards a specific person;
• signs that the dog is sick (rabid animals often rush at people for no reason).

No one is safe from an attack by an angry dog.

Important! If you are bitten slightly without causing a wound by a domestic dog that has received all the necessary vaccinations, including against rabies, there is no need to worry. But if someone else's dog attacks, it is better to rush to the doctor.

Animal Treatment Act 2021 (new version)

2) activities for the treatment of animals without owners - activities that include the capture of animals without owners, their maintenance (including treatment, vaccination, sterilization), return to their former habitats and other measures provided for by Federal Law No. 498

;

6. When returning animals without owners to their previous places of residence, individual entrepreneurs and legal entities carrying out the return of animals without owners are required to video record the process of returning animals without owners and provide free copies of this video recording upon request of the authorized executive body of a constituent entity of the Russian Federation.

Why an animal bite is dangerous to humans: consequences

What to do if a dog is bitten by a snake: is a viper really dangerous?

Many dangerous diseases are transmitted through blood, including rabies, which is fatal to humans. Any bites that leave bleeding wounds are best avoided.

The first thing the dog does is rip clothes

Bleeding

Wounds left by a medium-sized dog in the ankle area are almost not dangerous and heal quickly. But if the dog is large, bites the thigh, arm, or digs into the neck, then severe bleeding from the arteries and veins may begin. Superficial bites damage only the skin.

Note! If a dog clenches its jaws forcefully, muscles and blood vessels are damaged. Such a bite is comparable to inflicting a deep puncture wound on a person.

Infection

The wound becomes inflamed and festers in the first 1-2 days after the bite. To avoid infection with bacteria from the dog's mouth, it must be well treated. If pathogenic microorganisms manage to enter the bloodstream, all organs and systems are affected. This condition is called sepsis. It is extremely dangerous and can cause death.

Bite

Psychological shock

People with a weak nervous system may need psychological help. Immediately after a bite, you will have to take not only disinfectants, but also sedatives. Psychological shock can develop into depression; it should not be ignored.

Rabies

It cannot be ruled out that the wound may be infected with the deadly rabies virus. To prevent this from happening, you need to immediately contact the clinic.

How to determine the amount of harm

For harm caused to a child as a result of dog bites, its owner is obliged to:

• compensate for damage caused to health and property in accordance with paragraph 1 of Article 1064 of the Civil Code of the Russian Federation;
• compensate for moral damage by virtue of Article 151 of the Civil Code of the Russian Federation.

If, as a result of dog bites, a child suffers injury or other damage to health, which in turn forces employed parents to stay with him in the hospital, care for him and, as a result, lose income due to absenteeism from work, then lost earnings will be recovered from the owner of the dog or other income, as well as all expenses incurred by the child’s parents for the purchase of medicines, additional nutrition, prosthetics, and sanatorium treatment. This comes from paragraph 1 of Article 1085 of the Civil Code of the Russian Federation.

If the property cannot be restored, then its cost must also be compensated by the owner of the animal. However, you should have supporting documents about the real value of the damaged items. The expenses incurred by the parents of the injured child must be documented.

The court makes a decision on the case in accordance with Article 151 of the Civil Code, determining the amount of compensation for causing moral damage, taking into account the severity of the consequences that the child received as a result of dog bites, the intentional or careless actions of the animal owner, his financial condition, as well as other circumstances worthy of attention.

Sequence of actions when biting

A dog was bitten by a bee: what to do at home

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:

1. Getting first aid.
2. 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).
3. 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).
4. Contacting a doctor and recording this fact on paper and in video or photo format.
5. 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

Aggressive dogs: rules for compensation for damage from bites

Regional laws on administrative offenses

, establishing, among other things, administrative liability for violating the rules for keeping pets. Cases of such administrative offenses can also be initiated by police officers.

In the statement of claim, indicate the demands for recovery from the owner of the dog for damages to health and property damage, compensation for moral damage, as well as the circumstances on which they are based, and evidence confirming these circumstances (Part 2 of Article 131 of the Code of Civil Procedure of the Russian Federation).

What should you do first if you are bitten by a dog on the street? To begin with, provide first aid to the victim, then record the injuries caused. It is advisable to do this as quickly as possible so that the wounds are fresh and do not have time to scar and heal. To do this, you do not need to undergo an examination or examination; you can simply photograph the damage.

Even if all the steps have been followed and there are no outward symptoms or signs of complications, there is no need to delay going to the doctor. Only a specialist will determine whether there has been infection with infectious diseases and prevent other negative consequences.

You may be interested ==> Refusal of the social package for old-age pensioners

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.

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).

Pre-trial settlement

Disputes worth up to 50 thousand rubles are settled pre-trial.* To do this, the dog owner:

• present photos and videos from the scene of the incident, damaged items, a photograph of the injury;
• copies of documents certifying that paid treatment was provided;
• send a written claim (indicate the type and amount of compensation).

If the dog’s owner has not responded to the complaint, does not answer calls and does not want to meet, then this is one of the grounds for going to court.

Important! The claim and copies of payment receipts are sent by registered mail. The mail notifies the sender of its receipt. Before shipping, an inventory of the contents is compiled.

The dog may bite during play

Who is guilty?

If the owner fails to deal with the pet...
Article 137 of the Civil Code classifies animals as property, although it obliges owners to treat pets humanely. Therefore, any harm caused by a four-legged friend will be compensated by the dog owner. In addition, since rules for keeping and walking dogs have been established at the regional level, when deciding the issue of owner responsibility, courts and government agencies first of all analyze whether these rules were followed.

But who will have to answer if the pet was given to a child and caused harm while it was on the street under his supervision? Be aware that local regulations may prohibit minors from walking dogs. For example, in Moscow, children under 14 years of age cannot walk with dogs or appear with them in public places6. Moreover, the Civil Code establishes that damage caused by minors is compensated by their parents. It turns out that the adults will be to blame.

If the offending dog has no owner...

More often people suffer not from domestic dogs, but from stray dogs. Who will be responsible in this case?

Local authorities should deal with the issues of stray animals7. In this regard, all constituent entities of the Russian Federation have established rules that oblige municipalities to take measures to supervise stray dogs: organize catching, build shelters, etc. If an aggressive pack of stray dogs is running around the city, it means that the administration of the locality is not coping with its responsibilities. And if animals bite someone, the administration will be held responsible - it is the administration that must be sued. For example, 10 thousand rubles were collected from the administration of the Yamal region. in favor of the parents of a young girl who was bitten by a stray dog8.

However, here you will need the help of the police. Of course, no one will look for the offending dog, but the inspection materials will become evidence when collecting damages from municipal authorities.

Conditions for filing a claim in court

The main condition for bringing a claim against the owner of the dog is the presence of damage to health that arose due to improper maintenance of the animal, as well as damaged property and lost wages due to going on sick leave.

Filing a claim in court

The header of the application contains information about the plaintiff and defendant, addresses, telephone numbers, full names and surnames. Further:

1. Describe the conflict, outlining the actions of each participant.
2. Provide links to legislative acts on the basis of which the claim for compensation for injury to health is drawn up.
3. List the steps taken previously and materials confirming the fact of the bite.

Important! The defendant’s actions are described in detail, trying not to miss anything. If an unattended claim was drawn up before the claim, it is also mentioned in the document.

A dog without a muzzle is a potential danger

Limitation of actions

Claims for compensation for damage to life and health are not limited by time and have no statute of limitations (Article 208 of the Civil Code of the Russian Federation). But the injured party may have difficulty collecting evidence. Proving that a specific dog caused the injury is quite difficult, especially if several weeks or even months have passed.

What is the fine for walking dogs in the wrong place?

The development and approval of uniform requirements for keeping pets in Russia took several years. And at the end of 2021, Federal Law No. 498 on the treatment of pets was adopted. It is here that the current norms governing the relationship between people and animals are established. The adopted provisions are aimed at:

However, some regions set their own indicators and may exceed the average by 1.5 - 2 times. For example, in St. Petersburg and the Leningrad region, for violating the rules of walking a citizen with a dog will be punished in the amount of 2,000 to 4,000 rubles. But for not cleaning up your pet’s feces, the fine will be 500 – 3,000 rubles.

Thus, it is prohibited to keep dogs in common areas, stairwells, attics, basements of buildings and structures. When walking dogs, owners must comply with the following requirements: • take dogs out of residential premises, as well as isolated areas, into common courtyards and outside only for a short (no more than 150 cm) leash and a muzzle.

You might be interested ==> 200 Hours of Work How Much Money

If you are bitten on the street by a stray dog ​​that does not have an owner, the incident will be considered an accident. Therefore, after receiving medical care, no one will compensate for all your expenses. But if the dog has an owner, you must find out his personal information and registration address.

• Fine - 500,000 or less, or in the amount of salary and income for 2 years, or imprisonment for up to 2 years.

Illegal hunting using official and official powers, as well as by conspiracy, or with particularly large damage.

• Fine - 500,000 - 1,000,000 rubles, or salary and other income for 3 -5 years, or imprisonment for up to 3 - 5 years + possible deprivation of the right to engage in certain types of activities.

Hunting for species of fauna included in the Red Book. The current Red Book of Animals can be downloaded from the official website of the Ministry of Natural Resources of the Russian Federation.

• Compulsory work for up to 480 hours or correctional labor for up to 2 years + possible fine up to 1,000,000 rubles or salary and income for 2 years + possible or restriction of freedom up to 1 year.

According to various estimates, there are about three million hunters in Russia. Most of them are law-abiding citizens who comply with all legal norms and rules, but there are also those who violate them, and sometimes quite deliberately, for example, they hunt in a reserve or hunt an animal outside the hunting season.

What does the law say? According to current legislation, while walking, the dog must be on a short leash when crossing the roadway, sports or playgrounds, or while in public places. The exception is large pets (weighing more than 15 kg) and dogs of fighting breeds, for these they also need a muzzle. There should be a tag on the collar with the owner’s contact information and information about the dog’s registration details.

If the victim files a claim for which he demands compensation for moral damage and restoration of health in the amount of up to 100 thousand rubles, then the application should be sent to the magistrate’s court. If the required amount of compensation is more than 100 thousand rubles, then you must contact the city or district court.

What documents do you need to have after a dog bites a person?

To prove that a dog actually bit a person, you must:

1. Photocopy the statement made to the police.
2. Get a certificate from the emergency room.
3. Make a copy of the patient's card with a record of the bite and prescribed treatment.
4. Keep all receipts issued when purchasing medications to treat your injury.

Note! It would also be a good idea to print out a photo of the bite, the scene of the incident, the torn clothes and the dog involved in the incident.

If the victim of the attack is a child

Children cannot be fully responsible for their actions and realize the danger that comes from the dog. Therefore, they often become victims of attacks.

If a dog bites a child, then the blame for this lies not only with the owner of the animal, but also with the parents of the child. They need to be taught from an early age that they should not provoke a dog into aggression.

Parents need to act in the same way as in a situation with an attack on an adult - go to the hospital, write a statement and seek compensation from the owner of the animal.

Responsibility of the owner of a dog that has bitten another dog

The owner of a dog that attacks another animal is subject to administrative liability and is required to compensate for treatment or the cost of purchasing another pet if the wounds inflicted were incompatible with life.

It is easier to negotiate peacefully, since the amount of compensation is usually much less than for causing harm to human health. You will be able to save on state fees. The courts almost always side with the plaintiff. The money is transferred to the victim in exchange for a receipt stating that there are no further claims (he will not be able to threaten further legal action).

What to do if bitten by a dog

The legislation of the Russian Federation does not provide for criminal or administrative liability for the owner of the dog. However, civil liability often arises. According to Art. 1064 of the Civil Code of the Russian Federation, damage that was caused to a person’s person or property is subject to compensation in full. Art. 151 of the Civil Code of the Russian Federation provides for the possibility of compensation for moral damage for physical and moral suffering. That is why, in order to receive compensation, you must adhere to the following algorithm:

1. Stopping the bleeding - if the bite was deep and the bleeding is difficult to stop, you can call an ambulance. When there is little blood, you need to wait until it stops on its own, so the animal’s saliva comes out.
2. Washing the wound with antibacterial agents, this can be soap, gel, antiseptic. At this stage, you need to spare no time - a minimum of 10 minutes of processing is required.
3. If the wound is shallow, you need to treat it with hydrogen peroxide and bandage it for speedy healing. Otherwise, consult a doctor immediately.
4. When painful symptoms occur, you can take a pain reliever.
5. The victim is in a state of fright, shock, anxiety - you should take a sedative.

You might be interested ==> Free Gifts for Pregnant Women

Responsibility of the animal owner

Responsibility arises simultaneously under the Code of Administrative Offenses and the Criminal Code of the Russian Federation (similarly in the Republic of Belarus). The dog owner is threatened with:

• a fine for a dog bite of approximately 40 thousand rubles. (the amount of compensation may be higher);
• restriction of freedom (the period for which they can be punished depends on the severity of the damage caused);
• correctional labor (the court must punish);
• deprivation of liberty.

For your information! When a criminal case is initiated, damages are recovered through legal proceedings. Civil cases worth up to 100 thousand rubles. considered by the magistrate.

Administrative responsibility according to local rules

Administrative liability is brought if the owner of the dog is not actually to blame for the incident, did not deliberately poison the dog, and the injured person suffered a psychological shock or received a minor injury.

Aggressive animals

For the actions of a dog that bit a person, an individual will have to pay 5 thousand rubles, and an official - about 50 thousand rubles. There are also local administrative regulations. For example, owners of Moscow dogs can be fined if the animal is walked in the wrong place, appears on the territory of children's institutions, is not properly registered, or is set on people or other animals.

For your information! The punishment for a dog bite in Russia is less severe than in Kazakhstan or Belarus (RB).

Host Responsibilities

There are no uniform rules for keeping dogs at the federal level.
These issues are left to the regions. Subjects, as a rule, have adopted legal acts regulating registration and vaccination issues, the procedure for walking four-legged friends, their living conditions in apartments, etc. For example, the law of the Leningrad region obliges all dog breeders to register their pets at their place of residence1. In the Moscow region, owners must vaccinate dogs against rabies annually and take measures to ensure silence in residential premises2. How to walk your pet correctly?

We can say that all the rules in one way or another regulate the following issues: where pets can be walked and when the dog must be on a leash and muzzle.

For example, in St. Petersburg the following rules are established:

• the owner must clean up after his animal;
• Walking dogs is prohibited: on playgrounds; in areas adjacent to schools, kindergartens, hospitals, etc.; in places where cultural and sporting events are held;
• in other public places, the dog must be on a leash, and if it is more than 40 cm high at the withers, then it must also be muzzled3.

In Salekhard, the rules require that dogs only leave residential premises on a short leash. And in crowded and public places, animals must also be muzzled. You can let your pet off the leash only with a muzzle, only in uncrowded places and in those designated for walking dogs4.

Is it necessary to register, vaccinate and train a family pet?

Rules in different regions require pets to be vaccinated and registered. Administrative liability is established for failure to comply with these requirements. For example, Art. 5.6 of the Moscow City Code on Administrative Offenses provides for a fine of 4–6 thousand rubles. for late vaccination or registration. Cases of this kind fall under the jurisdiction of prefectures and capital councils5. But in order to hold the owner accountable, it is necessary to reveal that the dog is not registered and not vaccinated. It should be noted that there are no statistics on these offenses. And the fact that many owners do not register their dogs and use the services of private veterinary clinics suggests that this rule is not very effective.

The current law does not provide for liability for the lack of documents for the dog, as well as the obligation to have documents confirming the completion of training. Nevertheless, owners should obtain a veterinary passport for their pet in order to prove its ownership, if necessary, and to track the vaccinations given.

How to Prevent a Dog Attack

It is difficult to protect yourself from an unexpected dog bite, but you can avoid an expected attack if:

• do not tease passing dogs, do not try to attract their attention with food or shouting;
• walk in busy places, away from wastelands where stray dogs usually live;
• stay in place when the animal shows aggression (flight for any dog ​​is a signal to action).

If a person goes into the forest alone or goes to a garage located away from home and in a poorly lit place, it is better to take a thick stick with him. It will help protect against attack.

Important! If you are bitten by someone else's dog, punishment can and should be demanded, but it is better to avoid the attack.

If a dog bites a person, but the owner does not know what the threat is and simply leaves the scene, it should be explained that it is wrong to do so. Treatment and new clothes must be paid for by the owner of the animal. You can seek compensation through the courts. Damage is compensated even if another dog, or, for example, a cat, was injured.

*Prices in the article are for January 2021.

Legislation on safe keeping of dogs

Federal Law of the Russian Federation dated December 27, 2018 No. 498-FZ “On the Responsible Treatment of Animals” establishes not only the requirements for keeping animals in apartment buildings, for their care, and for the timely provision of veterinary care. The owner is responsible for ensuring the safety of other people. Thus, Article 10 of this law provides for the owner’s obligation to prevent his animal from being set on people .
The exceptions are: the need for defense (protection from life-threatening attacks) or the use of service dogs. In addition, Article 13 of this Law establishes clear requirements for dog walking:

• maintaining the safety of not only citizens, but also other animals;
• ensuring the safety of other people's property (belonging to both individuals and legal entities);
• exclusion of uncontrolled movement of the pet when crossing the roadway, in common areas of apartment buildings (stairwells, elevators, in the courtyard of the house, on the playground, etc.);
• walking only in those places that are provided for this by the local government; do not allow walking in other areas (for example, in a school yard or on a playground in a kindergarten);
• a widespread ban on walking a potentially dangerous dog without a leash and muzzle. The exception is walking in your own fenced area - usually in the courtyard of a private house with a fence (there should be an appropriate sign “beware, dangerous dog” or something like that). You can find out whether a dog belongs to a potentially dangerous breed by reading the list approved by the Decree of the Government of the Russian Federation (pit bull mastiff, bandog, Brazilian bulldog, etc.).

Read more about the rules for walking dogs under the new law.

According to Art. 137 of the Civil Code of the Russian Federation, property rules apply to animals. It follows from this that pets are, as it were, equated to property objects - therefore, legislation on civil rights and civil liability for damage caused by the owner’s property applies to them.

Depending on the degree of harm caused by the dog, its owner may bear civil, administrative or criminal liability.

Precautionary measures

A dog is a dangerous animal, so citizens should be careful when they appear nearby. If the owner violates the rules for keeping an animal, for example, walking without a leash and muzzle, then the neighbors can write a statement to the district police officer. The police officer will conduct a preventive conversation with the owner, and may also issue a fine, the amount of which is determined in accordance with the norms of regional legislation.

You should not show aggression towards the animal or provoke it into any action. If a dog attacks, you can call its owner for help.

The owner is fully responsible for the upbringing and actions of his pet. Therefore, if a person is bitten by a dog, he can demand compensation for damage from the dog’s owner. To do this, you need to record the fact of the injuries you received and contact the police. If the owner of the animal does not want to compensate for the harm voluntarily, then the victim has the right to seek compensation through the court.

Sources

• https://walaw.ru/pravo/sobaka-pokusala-cheloveka
• https://mymedic.clinic/biologicheskie/shtraf-za-ukus-sobaki.html
• https://heaclub.ru/esli-sobaka-ukusila-cheloveka-chto-grozit-hozyainu-chto-hozyainu-delat-s-ukusivshej-cheloveka-sobakoj
• https://gafki.ru/sobaki/esli-ukusila-chto-delat-po-zakonu.html
• https://urist-bogatyr.ru/article-item/chto-delat-esli-ukusila-sobaka/
• https://potreb-prava.com/vziskanie-deneznih-sredstv/ukusila-sobaka-kak-nakazat-xozyaina.html
• https://potreb-prava.com/vziskanie-deneznih-sredstv/kuda-obratitsya-esli-sobaka-ukusila-rebenka.html
• https://subsidii.net/%D0%B5%D1%89%D1%91-%D0%B2%D1%8B%D0%BF%D0%BB%D0%B0%D1%82%D1%8B/ %D0%B2%D0%BE%D0%BF%D1%80%D0%BE%D1%81%D1%8B/item/1108-%D0%BF%D0%BE%D0%BA%D1%83% D1%81%D0%B0%D0%BB%D0%B0-%D1%81%D0%BE%D0%B1%D0%B0%D0%BA%D0%B0-%D0%BE%D1%82% D0%B2%D0%B5%D1%82%D1%81%D1%82%D0%B2%D0%B5%D0%BD%D0%BD%D0%BE%D1%81%D1%82%D1% 8C-%D1%85%D0%BE%D0%B7%D1%8F%D0%B8%D0%BD%D0%B0.html

Where else can you complain about a mad dog?

There is also the option of writing a complaint to your local veterinary service or veterinary inspection office. The complaint must be accompanied by evidence - everything that confirms the incident and the subsequent damage. The complaint also states the applicant's demand - to fine the owner and conduct a veterinary examination of the dog to detect diseases, such as rabies.

You can also write a statement to the police (to the district department or district police officer) with a request to bring the owner to administrative responsibility for keeping pets in violation of the rules.

Unfortunately, inappropriate and aggressive behavior of an animal is often provoked by the person himself. The owners do not look after their pets, let them go for walks alone, do not follow the rules of walking, feeling sorry for the dog and not using a muzzle, collar and leash. No less blame lies with the potential victims: they begin to wave their arms, stomp, and scream when the dog runs up to them just to sniff.