The untethered golden retriever crossed the road and hit a moving vehicle, causing serious injuries to the golden retriever and damage to the vehicle. The car owner took the owner of the golden retriever to court seeking compensation.
The court ruled in accordance with the law that the dog owner should compensate the car owner more than 7,000 yuan for car maintenance costs.
Ms. Wang is a dog lover and has a large golden retriever. One evening in August 2020, when Ms. Wang was walking her dog in a village in Fangshan District, she did not leash the dog. When the golden retriever was playing with another dog, it left Ms. Wang's sight. Then the golden retriever suddenly ran from the side of the road to the road and collided with the car driven by Mr. Li, causing damage to Mr. Li's vehicle and the golden retriever was seriously injured.
After the incident, Mr. Li called the police. When the traffic police arrived at the scene, they were unable to determine the responsibility for the traffic accident after inspecting the scene because there was no monitoring equipment on the road where the incident occurred and Mr. Li's vehicle did not have a driving recorder.
Mr. Li sent the damaged vehicle to a car repair shop for repairs, which cost a total of more than 7,000 yuan in vehicle maintenance fees. Because the traffic police did not determine the proportion of responsibility for this accident, and the golden retriever dog raised by Ms. Wang was also seriously injured, Ms. Wang did not agree to compensate Mr. Li for the loss of his vehicle.
As a result, Mr. Li sued Ms. Wang to the court, demanding that Ms. Wang compensate him for car maintenance fees, vehicle damage and depreciation fees, and mental damage solatium, totaling more than 20,000 yuan.
After trial, the court held that Ms. Wang did not tie the golden retriever a leash or lead it when walking her dog. As the animal manager, Ms. Wang failed to take safety measures for the pet dog Golden Retriever and failed to fulfill her management obligations. She should be liable for compensation for the property losses caused by the Golden Retriever to Mr. Li. In addition, Ms. Wang did not provide evidence to prove that Mr. Li had intentional or gross negligence, so Ms. Wang should bear full liability for compensation to Mr. Li.
In the end, the court ruled that Ms. Wang should compensate Mr. Li for more than 7,000 yuan in car maintenance costs. After receiving the judgment, neither the original defendant nor the defendant appealed, and the judgment has now taken effect.
The judge reminded
Article 1245 of the Civil Code of the People's Republic of China stipulates that if the raised animals cause damage to others, the animal breeder or manager shall bear tort liability; however, if it can be proved that the damage was caused intentionally or by gross negligence of the infringed party, the liability may be waived or reduced.
Article 1249 of the Civil Code of the People's Republic of China stipulates that if an abandoned or escaped animal causes damage to others during the period of abandonment or escape, the original owner or manager of the animal shall bear tort liability.
Here, the judge reminded pet owners or managers to fulfill their safety obligations:
· 1 ·
Take safety measures for pets. When taking dogs out, the dogs should be tethered and should not be too long. They should be led by adults. Dogs are not allowed to enter public places such as hospitals, shops, schools, etc. For aggressive dogs (such as Tibetan mastiffs, etc.), they can only be kept or tethered, and dogs are not allowed to walk outdoors.
· 2 ·
If your pet hurts someone, you must promptly assist the victim in seeking medical treatment.
· 3 ·
Do not abandon your pet casually. If the abandoned pet hurts someone, the original owner will still be liable for compensation.
In addition, try not to tease pets that have not taken safety measures. If an injury caused by a pet attack occurs due to teasing the pet, the manager or owner of the pet may not bear or reduce the liability for compensation.
Keeping a pet is not only to relieve loneliness and enjoy happiness, but also to fulfill corresponding responsibilities. Taking good care of your pet is responsible for yourself and others.