Civil liability for damage caused by community dogs

Abstract

                    This article aims to study the legal problem of delictual liability for the damage caused by community dogs. The community dog is stray dog which stays close to people particularly and causes many problems as people suffers damage caused by the dog. Since the community dog is ownerless, in legal aspect, it raises the problem of who shall be liable for the damage.

                     In terms of such question, this article studied the delictual liability of three groups including (1) those who regularly feed the community dogs,(2) former owners who abandoned their dog sin public area and (3) local administrative organizations whose administrative area is the place the dogs lives. According to the analysis, these groups were found not guilty pursuant to Section433, Civil and Commercial Code as they were not an owner or caretaker of the dogs.

                     Nevertheless, pursuant to Section420, Civil and Commercial Code, these groups could be guilty of certain cases as follows. (1)Those who regularly feed the community dogs could be liable in case they excite or provoke those dogs to cause damage to other people. (2) The former owners who abandoned their dogs in public area could be liable in case they know or foresee that the abandoned dogs will inflict harm to people. (3) The local administrative organizations could be liable for damages in case they fail to exercise their duties stipulated by specific laws concerning the control of stray dog sin public areas as they know or fore see that the abandoned dogs will inflict harm to public.