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本案系受害人因受涉案之狗惊吓而摔倒受伤引起的饲养动物损害责任纠纷。主要分析了三个与本案密切相关的问题:一是如何判定该类侵权纠纷的责任主体即饲养人或管理人;二是是否可认定涉案之狗的消极侵害行为为饲养动物损害责任中的加害行为;三是如何在该类侵权纠纷中正确运用“过失相抵原则”确定各方责任。
In the present case, the victim fell into a dispute over liability for damages caused by animal husbandry due to the scared dog involved in the case. It mainly analyzes three issues closely related to this case: one is how to judge the main body of responsibility of such infringement disputes, that is, the keeper or administrator; the other is whether the negative infringement behavior of the dog involved can be regarded as the harm in keeping the animal damage liability Behavior; third is how to correctly use the “principle of negligence” in such disputes of infringement to determine the responsibility of all parties.