The case of

2022-11-08

In the past years, keeping pets has become a part of the daily life of many families. As "family members" and "friends", "Wang Xingren" and "Meow Xingren" will not only bring people companionship and happiness, but also cause some disputes such as hurting people, buying and selling, and bring no little trouble to "feces removal officers". Then, what legal issues should be paid attention to when keeping pets? The People's Court of Changping District, Beijing, made a prompt on several pet dispute cases heard by the court. The owner of the two dog rack was bitten because the court decided that she was fully responsible for not holding the rope. Ms. Deng raised a yellow white wood dog, and Ms. Guo raised a brown giant dog. On March 24, 2021, when Ms. Deng's friend was walking her dog in the park, her dog was bitten by Ms. Guo's giant dog. Ms. Houguo came forward to open the mouth of the giant dog and pulled it away. In the process, Ms. Guo was bitten by the wood dog. According to the surveillance video, Ms. Guo did not lead the rope when walking the dog. On the same day, the dog was sent to the pet hospital for treatment, which cost 8200 yuan in total. On the same day, Ms. Guo went to the hospital to inject rabies vaccine. Ms. Deng appealed to the court and asked Ms. Guo to compensate her pet dog for 8200 yuan of medical expenses. Ms. Guo argued that she recognized the fact that the plaintiff's pet dog was bitten by her own dog, but did not recognize the invoice amount and did not agree to pay medical fees. Ms. Guo said that she was bitten by the plaintiff's dog when two dogs were fighting. She filed a counterclaim in court and asked the plaintiff to compensate for her medical expenses, lost time expenses, mental loss expenses, nutrition expenses, etc., totaling more than 120,000 yuan. After hearing the case, the Changping District Court held that if the animals raised cause damage to others, the animal keepers or managers should bear the liability for tort, but if it can be proved that the damage was caused by the infringee's intent or gross negligence, they may not bear or mitigate the liability. In this case, Ms. Guo failed to perform the duty of management care when walking her dog, so that her giant expensive dog bit Ms. Deng's dog. Ms. Guo should be liable for compensation. Ms. Guo was bitten by a firewood dog in the process of preventing the giant expensive dog from biting the firewood dog. Ms. Guo's damage to herself was caused by her own fault. First of all, it happened because Ms. Guo's expensive dog bit the Shiba dog. Secondly, animals are irrational. In the process of two dogs' biting and fighting, Ms. Guo broke the mouth of the giant expensive dog with her bare hands, and she should know that it might cause some damage to her. Therefore, the court did not support Ms. Guo's counterclaim requesting Ms. Deng to compensate for her medical expenses, lost wages, mental loss expenses and nutrition expenses. Finally, the court decided that Ms. Guo should compensate Ms. Deng for her pet medical expenses of 8200 yuan. Online shopping of English short cat suffering from cat plague, customers complained of full refund, which was supported. In January 2021, Mr. Shu ordered an English short cat from Mr. Tang through WeChat, and purchased the cat for 16500 yuan. In the chat, Mr. Tang repeatedly guaranteed that the cat was a healthy kitten. After the two parties reached an agreement, Mr. Tang sent the kitten to Mr. Shu via a hitchhiker. After receiving the kitten, Mr. Shu found that the cat was suffering from ear mites and cat ringworm, and the color was inconsistent with the agreement. A few days later, Mr. Shu found that the kitten did not eat and vomited and had diarrhea. Mr. Tang replied that it was the cat food that caused the problem and guaranteed that there was no other problem.

Edit:Hou Wenzhe    Responsible editor:Mumu

Source:chinacourt.org

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