With the improvement of people's living standards, many people have started raising pets. Whether on the street, in communities, or in squares, it is common to see people walking their pet dogs. Sometimes accidents may inadvertently happen, such as being chased and bitten by a dog. If the person being chased and bitten retaliates and injures the dog, is it necessary to compensate the dog's owner for the loss?
The key to this question depends on the reason why the person was chased and bitten.
1. If the person infringed upon intentionally or through gross negligence, causing themselves to be bitten, they need to bear certain responsibility.
If the person provoked the pet or actively attacked the pet, and was therefore chased and bitten by the pet dog and then killed the dog, they bear some fault for the incident and must be responsible for the damage caused. The pet dog belongs to the owner’s property, so the person must compensate the pet dog's owner for the loss.
If the person was bitten by the pet dog, they can first claim personal injury compensation from the dog owner, then compensate the owner’s property loss.
2. If the person was not at fault and harmed the pet dog in order to protect their own personal safety, the situation needs to be considered according to two cases:
(1) The person took inappropriate measures or exceeded necessary limits while protecting their interests.
If after being chased and bitten by a pet dog, the person retaliated or caused harm beyond necessary limits, leading to the pet dog’s injury or even death, it is clearly the person’s responsibility and they should compensate the owner’s loss.
(2) The person took appropriate measures without exceeding necessary limits while protecting their interests.
If the situation was urgent and the person had no choice but to harm the pet dog to protect their own personal rights, then the resulting injury or death of the pet dog can be exempt from responsibility by the person.