Tuesday, May 26, 2009

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LIABILITY.


If you have a dog probably has ever stopped to think that it is possible that this may cause damages to others, it can happen that never could have imagined it because I think that for the fact that their animal is peaceful and loving, just circumstance is quite impossible.

Imagine that one day out walking with his dog and this is nervous for some reason and without your account hits the road and causes an accident, besides the problem that your pet may be injured or even death, is likely to caution other drivers to focus on the damage that may have suffered if the car and although the first impression of a dog owner usually think that the fault lies with the driver and hit him, the fact is that responsibility most often falls on the leading animal and not on the vehicle.

Imagine also that one day your dog gets out the farm that meets and goes on a tour of the estate or visit a neighbor's property, and digs, chews, annoying or cause harm.

also imagine, if your dog is aggressive, one day at a stretch strap slip from his hand, or at the door of their home caller was inadvertently escapes or attacks any persons to go home to visit or who are doing some work there. Undoubtedly

uest try not happen, but even so it is possible that from happening. Responsible

Final:

Fits many other possibilities, but the questions that always arise without them, "Who is responsible?, what will be the responsibility?

To begin we must say that the animal responsible is whoever is in possession, anyone who uses the wing time an incident occurs, whether involved or not its owner, even if it can match the owner to this taking care of the animal.

must also be clear that the liability resulting from damages caused by an animal is completely objective, which means that the owner of an animal responds to even the latter has not had the any blame or damage has been due to some negligence on their part. Only

avoid such liability in two cases: when the damage is due to sole negligence of the injured or due to force majeure.

latter force majeure means that there has been an unforeseeable and unavoidable and inevitable, for example, that a truck has crashed into the fence of my house and open a hole through which you were able to escape the animal ... it is not easy it is solely the fault of the victim.

happens in rare occasions, for example when a person enters a property, closed, transferring a visible sign warning of the presence of an aggressive dog and still goes to the place where this is properly chained and put ready to bite you.





Types of Liability:

At this point it is easy to conclude that when a dog causes damage to someone who was most likely responsible for the animal ends up paying for it. What can happen? Depends on each case, but the responsibility can be of three types:

* • if the locality in which the facts are bylaws governing any matter that may affect the facts, and concludes that been violated, have caused damage or not, generate a financial penalty, for example, when the animal is not properly vaccinated, not wearing a muzzle or leash when it mandatory, etc.

• If the animal has bitten someone causing more or less serious injury or death or ruined your clothes or have damaged a vehicle or anything else, we must financially compensate the victim.

• If further damage due to negligence of the official record of the animal, it may also generate a criminal liability if there are injuries or death. You commit a misdemeanor if the animal was vicious or harmful and are left in a position to cause harm to someone, even if that evil had not come to occur.



Preventive Councils:

What can you do to make all this not to happen? We will give some basic councils:

* • Make sure the animal is healthy, has no disease or parasites can be transmitted to other animals or people. Immunize, desparasítelo and visit to the vet when you think you might be sick.

• Be very careful when taking over other people's animals, it could be you are responsible for any damage caused by them during that possession. If you must leave the dog in the care of someone make sure they are responsible and who can take the precautions appropriate to the character of the animal.

• Find out if your local municipal ordinance there is any animal, get it and fulfill all obligations affecting it.

• Whether compulsory or not in your municipality, if your pet is aggressive take it on a leash and muzzle and will take special care when the door of his house. If so loose is a farm, try not to have any chance of escape for a corner and notice at the entrance to it by a sign the animal's presence.

• If your animal walks through the city, try to stay away from the road after an accident could cause further harm themselves.

• Take into account the nature of their animal and their reactions and try to anticipate events to avoid any risk, it is always prudent to err on the side of understatement.

• If it does cause harm to the victim try to help and offer all your data, and if you have some insurance as well. You request data also injured, ask a professional councils, which will inform you of the responsibility that may exist in your case, and, if possible, offer an amicable settlement.



Even with all these precautions, you may encounter a problem, in which case the chances are reduced. Any shackles, is not intended to worry anyone if On the contrary, one sees that the animal's owner is aware of the risks and take precautions is when you really can start to relax.

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