Did the dog bite you? Tetanus from a dog bite

Free legal consultation over the Internet 24 hoursLawyer on housing issues in St. Petersburg. Free legal consultation on labor disputes.
5/5 (13)

Responsibility of the dog owner

If a child is bitten by a dog, the owner of the animal will be responsible for the damage caused. At the same time, current legislation presupposes, along with various types of punishment, the obligation to compensate for physical, material and moral harm.

Thus, the Criminal Code of the Russian Federation provides for several types of criminal liability:

The disposition of Part 1 of Article 115 of the Criminal Code states that for intentionally causing minor harm to a child, resulting in a short-term health disorder, the owner of the dog will be punished with a fine. Its size is determined by an amount of up to 40 thousand rubles, or the amount of payment for the last three months, or the amount of other income for the same period. Compulsory labor up to 480 hours, correctional labor up to 1 year, arrest for up to 4 months are possible;
According to Part 1 of Article 112 of the Criminal Code, the owner of the dog will be held liable if, as a result of bites, a child suffers moderate harm. This is provided that the harm was not dangerous to the child’s life and did not entail consequences characteristic of grave harm. The court will accept one of the sanctions: restriction of freedom for up to three years, forced labor for the same period, arrest for up to 6 months, imprisonment for up to 3 years;
If the actions of the dog owner are qualified as causing harm to the health of a child through negligence, then, according to the sanction of Part 1 of Article 118 of the Criminal Code, he will face a fine of 80 thousand rubles or in the amount of salary or other income for six months, or compulsory labor lasting 480 hours, or correctional labor for 2 years, or restriction of freedom for up to 3 years, or arrest for 6 months;
More serious consequences are punishable under Part 1 of Article 111 of the Criminal Code. Thus, serious harm to health, dangerous to the life of a child, or which resulted in loss of vision, speech, hearing, or some organ of the child, loss of organ functions resulting in mental disorder, permanent disfigurement of the face, the owner of the dog will be sent to prison for a term of up to 8 years.

Each case of a child being bitten by a dog must be registered at the local police station, after which a thorough check must be carried out. During it, explanations are taken from the child’s parents, the dog’s owner, and eyewitnesses of the animal’s aggressive behavior.

A law enforcement official is obliged to inspect the scene of the incident, record all traces in photographs or videos, and seize documents and objects that can be recognized as material evidence.

If there are sufficient grounds, a criminal case is initiated, and during its course, appropriate examinations are appointed. After the investigation is completed, the case is sent to court.

Remember! In addition to criminal liability, current legislation also provides for administrative liability for the owner of a dog that has bitten a child.

Protocols on such offenses are drawn up by the police. They are guided by regional laws, according to which dog owners are held accountable for violating the rules for keeping animals.

So:

Parts 7 - 9 of Article 5.1 of the Moscow City Code on Administrative Offenses for an attack by a domestic animal due to the negligence of its owner, resulting in harm to human health, if the owner of the dog is an individual, a fine of 4 to 10 thousand rubles is imposed on him. If the owner is a legal entity, then the fine ranges from 10 to 16 thousand rubles;
If a dog is deliberately set on people or animals, an administrative fine of 2 to 5 thousand for citizens and from 5 to 10 thousand rubles is imposed. on officials;
If a dog causes damage to property, then an individual (the owner of the animal) is subject to an administrative fine of 500 rubles. up to 1 thousand rubles. If the dog belongs to a legal entity, it will be subject to a fine of 6 to 10 thousand rubles.

Upon application by the injured party, the Police are obliged to take one of two possible decisions:

to initiate criminal proceedings;
refuse to initiate criminal proceedings.

If the initiated case is sent to court, then the possibility of compensation for the damage caused and moral damage is decided through criminal proceedings. If you refuse to initiate a criminal case, recovery of material damage and moral damage will have to be sought through civil proceedings.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.

A child was bitten by a dog

Briefly about myself - I am a rabid anti-vaxxer...)))

Two weeks ago we were walking on a fine day with the children. We come out from around the corner of the building and see a picture of a baby stroller and two dogs under it. “Oh, what dogs,” I said and my daughter stopped to admire. One of the dogs was sleeping and had a funny color ala Dalmatian. The second one did not sleep and rushed to her daughter’s leg. In horror, I grabbed her in my arms, but still this mongrel managed to bite my daughter under the left buttock. The clothes are intact, the pocket on the denim overalls saved me from contact with saliva, it seems

! But there was a scratch and a groove from a tooth with slight bleeding. Now there is practically no trace of the bite. Only here is a dog of unknown origin. We were waiting for dad not far from the scene of the incident and I saw a grandmother who looked like a homeless woman, who approached the stroller and they sweetly wandered somewhere in the other direction. Of course, I didn’t dare come up again with two children. By the way, the dogs reacted completely calmly to all people passing by them. The two guys on the bench also said that they passed by without any problems.

Of course, I won over my husband’s position not to vaccinate, we consulted with doctors, there seemed to be no risk, but we didn’t go to the trauma, the pediatrician, the emergency room doctor and the homeopath said not to worry. But I still got into the article about rabies and I was filled with fears and horrors from what they write there - just a scratch, the incubation period is from 5 days to a year and all that! Is it just in the color of all the articles about the diseases for which vaccines were invented? Or it’s really scary, because it’s incurable... No matter how you go crazy during this time! At least run if you have a daughter.

I went today to find out what kind of granny she is, maybe someone knows. They say there is one here, with a stroller and dogs. In the stroller he carries bones for pets, where he takes it is not clear. It’s clear why the dog reacted like that, I thought we’d probably take away their food, that is, the reaction of a completely adequate dog. But I can't calm down until I see this dog alive. Or should I already undergo a course of vaccination and rehabilitation with homeopaths? The story from ten years ago is very frightening. My niece was bitten by a family dog, a relative's pet. The parents did not wait, vaccinated the child and provoked epilepsy. What influenced? Stress? Vaccine toxicity? The child was on antiepileptic drugs for 10 years, the problem with hormones began, and the dog lived happily ever after and died last year!!! Luckily the epi was benign. That is, now there are no foci of epileptic activity in the brain.

Just think! Lord, if only this dog were healthy! So stay away from all these dogs, girls! Otherwise, grief from the mind happens. Those who are not competent in matters of complications from vaccinations would go and get vaccinated and live in peace; if something happened, they would not sin on vaccines (like my sister). But you can’t vaccinate here - it’s scary! If you graft, you'll be waiting for a catch... Sorry for the confusion. I can’t keep it to myself anymore.

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.

How to punish the owner of a bitten dog

If a dog bites a child, parents should take a number of measures to record:

who owns the dog;
circumstances of the incident;
witnesses to the conflict;
how the dog was walked - with or without a leash, with or without a muzzle;
where the dog was walked - in designated or not designated areas.

Important! Immediately call an ambulance or visit a medical facility yourself. At the hospital, record the fact of the animal attack, as well as the injuries caused to the child.

Request a certificate from your doctor that includes the following information:

information about the person who sought medical help;
last name, first name, patronymic of the doctor who provided first emergency aid;
what preliminary diagnosis was made and the nature of the physical injuries caused to the child;
whether they have signs indicating that they were caused by an animal;
date and time of admission to the hospital:
day, month, year and time of preparation of the certificate;
surname, initials and signature of the doctor, certified by a personal seal or the seal of a medical institution.

After visiting the hospital, you should contact the Police to report an offense. According to criminal procedural law, an application can be submitted either orally or in writing.

Remember! After checking the facts stated in the parents' statement, the Police, if there are sufficient grounds, initiate a criminal case. A forensic medical examination will be required, based on the results of which the actions of the dog owner will be qualified.

Criminal prosecution allows the child's parents to file a civil claim for compensation for damage caused and funds for moral compensation.

With the help of a lawyer, it will be possible to prepare a reasoned petition for the appointment of a forensic medical examination, a list of questions that should be put to the expert’s permission.

Correctly posed questions will allow the forensic expert to give an opinion on the nature and severity of the injuries received, and the method of their receipt.

ATTENTION! View a completed sample statement to the police about a dog attack on a child:

Watch the video. How to properly file a complaint with the Police:

Rabies

The most dangerous consequence of an animal bite is rabies. The life of the injured person depends on how quickly measures are taken to prevent it.

Rabies is a viral infection that affects the central nervous system. The virus can be carried by all warm-blooded animals. According to veterinarians, rabies can be carried not only by dogs and cats, but also by foxes, hedgehogs, squirrels, mice, rats, wolves, birds, etc. Animal saliva is the most dangerous. And infection occurs through a bite or when saliva gets on the mucous membranes or in microtraumas of the skin. Rabies can lead to the death of the victim, because the respiratory and vasomotor centers are affected.

The incubation period (time the virus is activated) can last from 7-14 days to three months, or even up to a year. It primarily depends on where the bites were inflicted. The most unfavorable places are the head, face, neck, fingers, and groin area.

The disease begins with characteristic and pronounced symptoms: pain at the site of the bite, fever, insomnia, bad mood, irritability, a feeling of unreasonable fear, increased sensitivity to sounds and light, a feeling of lack of air, etc. Further, convulsions, hallucinations, delirium, paralysis and, as a result, death are possible.

Timely administration of the rabies vaccine (rabies vaccine, from the word Rabies - rabies) helps prevent the development of the disease. It was invented by Louis Pasteur and first used in 1885. Nowadays, the most commonly used drug is CoCAV (concentrated cultured rabies vaccine). And you shouldn’t be afraid of injections - they haven’t been given in the stomach for a long time, and the number has been reduced to a minimum (previously there were more than 30 injections).

Also, the rabies virus is destroyed at high temperatures, under the influence of alkalis and acids, and is also unstable to iodine preparations and phenol.

Infection of domestic animals, like humans, occurs through the bites and saliva (saliva) of sick animals.

The insidiousness of rabies is that the incubation (hidden) period lasts without symptoms.

But at this time the infected animal is already dangerous. Its behavior will not necessarily be aggressive, but, on the contrary, the animal can hide or strenuously caress its owners and friends, trying to lick it.

But saliva is already contagious, and only then do the characteristic signs of the disease appear - anxiety, lack of appetite, drooling, difficulty swallowing, etc.

If it is unknown whether the bitten animal has been vaccinated against rabies, but there is no potential danger of infection, then the animal can be quarantined and left under the supervision of a veterinarian for 10 days.

If there is serious concern that the bitten animal is rabid, then some doctors recommend causing heavy bleeding from the wound by making a small incision with a knife or razor blade. Then you need to squeeze out more blood by pressing on the edges of the wound.

Rabies prevention consists, in particular, in timely immunization of animals (dogs, cats, etc.) and people at occupational risk (hunters, foresters, dog catchers, animal breeders, etc.). The rabies vaccine is not as safe as it seems. It can have side effects and is harmful during pregnancy because... may harm the health of the unborn child. Therefore, the vaccine should be administered for medical reasons.

Claim procedure

Attention! If, based on the results of the inspection, the police decide not to initiate a criminal case, the issue with the owner of the dog will have to be resolved through civil proceedings. However, first of all, it is necessary to try to resolve the issue peacefully.

To do this, you should prepare a written claim, which will be delivered personally to the dog owner. If he refuses to accept the document, it must be sent by mail, with a list of the contents and a notification of delivery.

The claim must contain the following mandatory information:

information about the recipient of the document, with the correct indication of last name, first name and patronymic, address of residence;
information about the sender of the claim, his contact details;
title of the document “Claim for compensation for damage caused and compensation for moral damage”;
grounds for making demands with reference to legislative norms, by-laws, decisions of local government bodies that were violated by the owner of the animal;
how is it proposed to resolve the conflict;
further steps of the injured party if the claim is not satisfied.

It is recommended to attach copies of documents that confirm the amount of material damage to the claim. The document itself can be done either by hand or in typewritten text.

It usually takes 10 days to consider a claim and provide a response, not counting the time required for postal delivery.

ATTENTION! View a completed sample claim for compensation for personal injury and compensation for material damage from a dog bite:

How to write a statement to court

If it was not possible to resolve the conflict with the dog owner peacefully, you should prepare for a lawsuit. To do this, it is necessary to know exactly all the details of the defendant, his actual place of residence.

When drawing up a statement of claim, it is recommended to use the services of a professional lawyer or an experienced lawyer.

In any case, the statement of claim must contain a mandatory list of data, without which it may not be accepted for consideration.

In the upper right part of the A4 sheet you should indicate:

name of the court to which the document is addressed, zip code, locality, street and building number;
last name, first name, patronymic of the plaintiff, his registration address and place of residence, if different, contact information in the form of telephone or email address;
information about the defendant, residential address, contact information;
cost of claims.

In the middle of the sheet is written the title of the document “Statement of Claim for Compensation for Material Damage and Compensation for Moral Damage.”

Please note! The narrative part of the claim states:

the essence of the conflict that arose between the parties to the case;
what happened should be presented in the sequence in which the events occurred;
what legal requirements violated by the defendant resulted in harm to the child’s health;
measures taken by the plaintiff to resolve the issue peacefully;
how the defendant reacted to his dog biting the plaintiff’s child.

The text of the statement of claim should not contain obscene words or offensive statements towards persons involved in the case.

The pleading part of the document sets out the requirements for the defendant:

recover the material damage caused;
compensate for moral damage;
assign legal costs to the defendant.

Please note! Depending on the circumstances of the case, each of the points of demand is stated in expanded form and indicating the specific amounts that the plaintiff claims to recover from the defendant.

In addition, requirements can be added:

by asking the court to order a certain examination;
seize the property of the defendant to ensure compliance with the court decision in the future;
calling witnesses to question them at a court hearing.

After the requirements are stated, there is a list of documents that are attached to the statement of claim in support of the stated requirements.

Their list may vary, but the law requires that the following be included as attachments:

copies of statements of claim with attached documents on the number of persons participating in the case and for the court;
a copy of the bank receipt confirming payment of the state duty;
calculation of material damage.

At the bottom of the document on the left is the date of its preparation, then the surname and initials of the plaintiff are indicated. The statement of claim is certified by the signature of the applicant.

Attention! If a document is submitted on behalf of the plaintiff by his legal representative or lawyer, their data should also be indicated, as well as the documents on the basis of which they act.

ATTENTION! View a completed sample claim for damages from a dog bite:

What to do if a dog attacks a person on private property?

Read here what to do if a dog bites another dog.

What responsibility does the owner bear for a dog bite? Read this link:

A child was bitten by a dog, what should I do?

An incident like this requires immediate action. A child was bitten by a dog, what should I do if the dog is stray, domestic or foreign? Let's look at it in detail further.

If bitten by a stray dog

If the dental damage is serious, call an ambulance immediately. If it is mild, then you can provide first aid before going to the hospital yourself. How to do it?

Wash the wound thoroughly with soap and water for at least 5-10 minutes to remove as much dog saliva as possible.
Treat the damaged area of skin with peroxide and apply a cotton swab or gauze, secure it with a bandage. You can’t put pressure on the wound!
And take the child to the doctor as soon as possible.

Important! A course of rabies vaccinations will help if you start it any of the 12 days after the bite. The latest date is 2 weeks. But the sooner the doctor starts vaccination, the better.

What to do with the dog?

If you couldn’t catch it, you should at least remember to contact the state veterinary service. Its representatives will catch the infected dog, and this will help prevent the spread of infection.

If the dog is caught and does not show signs of rabies, then it is still necessary to send it for examination. Because if the laboratory does not find the rabies virus in the animal, the child will not have to endure the full course of vaccination.

Domestic dog

A child was bitten by a domestic dog, what should I do? First aid measures will remain the same, as will the recommendations for severe bite injury, but in addition to this, you will need to do the following:

if it is someone else's domestic dog, ask its owner whether the animal has been vaccinated against rabies;
if yes, you need to ask when the last vaccination was given and with what vaccine, because the timing varies by 1-2 years;
if the dog owner cannot provide the necessary information, the doctor should be told that the dog was not vaccinated, so as not to take unnecessary risks;
If you are bitten by your own pet, you must also pay attention to the date of the last vaccination - has it expired?

In the case where a child is bitten by a domestic dog, but not vaccinated, it must be sent to a veterinary clinic for quarantine. The pet will be kept there for no longer than 10 days, but they will definitely find out whether it has the rabies virus. If not, the child’s course of injections will be stopped.

To prevent such incidents in the future, it is advisable to have a conversation with the animal owner about the need for proper upbringing, teaching commands, and training a disobedient pet at home.

Vaccination of a child after an incident: when is it necessary?

mandatory conditions for a course of rabies vaccinations :

a wound inflicted on a child by a stray dog, even if it showed no signs of rabies;
a wound inflicted on a child by a domestic unvaccinated dog, which could not be taken for examination after the attack;
the presence of an extensive or deep bite wound.

There is no need to be afraid of vaccination; the myth about 40 injections in the stomach is no longer relevant. Now vaccinations are given in the shoulder, they are painless and there are only 6 of them.

Attention! Even if the child has already been vaccinated against rabies less than a year before the second bite, a course of vaccinations still needs to be completed. But in this case there will be only 3 injections.

Children are usually vaccinated against tetanus at an early age, and if such a vaccination is available, it is not repeated. If not, they will definitely do it.

When is vaccination not required?

There are few situations when vaccination is not carried out after a bite, but they do exist. And such exceptions include cases when:

the dog that bit the child was vaccinated against rabies on time;
the bite did not cause damage (for example, through a dense layer of tissue);
the wounds were caused by claws, i.e. the dog's saliva did not come into contact with the open wound or the child's mucous membranes.

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.

State duty

Depending on the value of the claim, the claim will be considered in the district or magistrate court. The amount of the state duty, which must be paid by the plaintiff when filing a lawsuit, is also calculated from the price of the claims. As calculations show, for a property claim you can pay from 400 to 60,000 rubles.

So, at the cost of the claim:

up to 20,000 rubles, 4% of this amount is paid, but not less than 400 rubles;
from 20 to 100 thousand - the plaintiff pays 800 rubles plus three percent of the amount that exceeds 20,000 rubles;
from 100 to 200 thousand – 3,200 rubles. plus 2% of excess of one hundred thousand;
from 200 thousand to one million – 5,200 rubles. plus 1% of excess of 200 thousand;
everything over 1 million - 13,200 rubles. plus half a percent of the excess of one million, but not more than 60,000 rubles.

Treatment of a bite

The most dangerous thing from a dog bite can be infection with rabies. Therefore, the injury should also be reported to the veterinary clinic. But even if the dog is domestic and vaccinated against rabies, you cannot self-medicate.

If a dog bites an arm or leg until it bleeds, if you consult a doctor in a timely manner, large blood losses can be avoided. Pathogenic microorganisms that can cause suppuration and blood poisoning can enter the bloodstream with the animal’s saliva. Wounds from dog teeth are most often lacerated and take a long time to heal. The doctor will recommend medications to speed up healing.

The treatment regimen includes antibiotics and a tetanus shot. Other treatment will be prescribed if necessary depending on the condition of the victim, the depth of the wound, and the degree of damage to the skin and tissue.

The dog may be out on its own, but then it is not always possible to identify its owners, and therefore to find out whether the animal has been vaccinated against rabies or not. Try to remember the dog’s signs as accurately as possible, and if possible, take a photo. Based on the description or photograph, the veterinary clinic may recognize the animal and its owner. All this is necessary in order to exclude rabies.

You will have to endure a not very pleasant vaccination procedure. But previously, a course of rabies injections consisted of 40 injections into the stomach, which is not very pleasant. Now vaccination includes only 6 injections - on the 1st, 3rd, 7th, 14th, 30th and 90th days after injury. The injections are given in the shoulder and are less painful.

Symptoms of rabies

Rabies is a dangerous disease, the mortality rate of sick animals reaches 100%, dogs die within 10 days. For humans, the disease is also dangerous; if you do not get an injection within 4 days after infection, the risk of death is 50%; if you refuse vaccinations, it reaches 100% after 20 days.

Rabies in humans manifests itself:

severe headache and fever;
profuse sweating;
lack of appetite;
vomiting;
muscle spasms;
anxiety, nervousness;
hallucinations.

Important!