If a 3-year-old child is scratched by a stray cat while playing in the community, should the property company be liable for compensation? Recently, the intermediate people's Court of Foshan City, Guangdong Province pronounced a judgment on the case, ruling that the property company should bear 30% of the responsibility and compensate more than 1300 yuan for various losses such as medical expenses. On July 26, 2019, 3-year-old Xiaojiang was scratched by a stray cat while playing in the children's amusement facilities in the community. After the injury, Xiaojiang was sent to hospital. After examination, his face was bleeding and had obvious claw marks. Therefore, the medical cost was 876.42 yuan. In the next two years, Xiaojiang's family communicated with the property company on this issue for many times without results. On June 16, 2021, Xiaojiang's father, as the guardian, filed a lawsuit with Xiaojiang as the plaintiff to the court and asked the property company to compensate for the losses. Foshan intermediate people's court held that before Xiaojiang was injured, the property company had received many complaints from the owner about the large number of stray cats in the community, and it should take corresponding measures to prevent infringement. However, the property management company fails to fulfill its management responsibility and safety guarantee obligation, and it shall bear the obligation of compensation for the damage caused by the stray cat attack on Xiaojiang. At the same time, as a general civil subject, the property company does not have the power of enforcement, and its security obligations are mainly embodied in assistance and prevention; Stray cats have a wide range of activities, and their activities are flexible and hidden. They can not be completely solved by simply increasing staffing or shielding settings. The property company should bear all the responsibility of this case, which is too harsh. Considering the property service standard of the case, the severity of the accident and the professional management ability of the property company, the court made the above judgment. Lu Weibin, the judge in charge, said that the Civil Code stipulates that the security obligations of operators, managers or organizers of mass activities in hotels, shopping malls, banks, stations, airports, stadiums, entertainment places and other business places and public places are not included in the property management company, but the property management company has obtained the management right of the community based on the property management contract between it and the owner, It has incomparable control over the environment of the community. Therefore, referring to the legislative spirit of safety guarantee obligation, as a manager, it should have a certain degree of safety guarantee obligation, drive away stray animals in the management area, and properly warn the personnel in the community to reduce potential safety hazards. (outlook new era)
Edit：sishi Responsible editor：xingyong
Source：http://www.legaldaily.com.cn/
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