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Law

Who is responsible for the death of a pet dog without an immune certificate after three days of sale?

2023-01-04   

Bought a Pomeranian dog at a pet shop for 6800 yuan. The dog was diagnosed with canine coronavirus and died within a few days. Wang believes that the pet shop has never shown the quarantine certificate, health certificate and vaccination record of the pet dog during the process of selling the pet dog, concealing the real health status of the pet dog and committing fraud. Recently, the People's Court of Haidian District, Beijing, decided that the pet shop would refund Mr. Wang 6800 yuan of the cost of purchasing the dog and make three times the compensation, as well as compensate him for 150 yuan of nutrition, 3114 yuan of physical examination and medical fees, and 700 yuan of harmless treatment fees for dead pets, totaling 31164 yuan. On the evening of October 17, 2021, Mr. Wang spent 6800 yuan in the pet shop to buy a white pet dog, which is Pome. The next night, the dog continued to vomit. He took the dog to the animal hospital for treatment. The laboratory report showed that the dog was infected with canine coronavirus. The dog died after 3 days of hospitalization in an animal hospital. Wang said that in the process of purchasing a pet dog, the pet shop had never shown the quarantine certificate, health certificate and vaccination record of the pet dog. Wang thought that the pet shop sold sick dogs in violation of the principle of good faith and should compensate for their economic losses according to the standard of "one for three", so he appealed to the court to file the above appeal. The pet shop argued that the dog was healthy when it was sold. Wang did not receive free treatment from the pet shop at the first time after the dog became ill, and the pet shop agreed that Wang would choose another pet of the same price as the compensation, but did not agree with the compensation claim made by Wang. The pet shop also submitted an Animal Quarantine Qualification Certificate and a Pet Health Immunization Certificate to the court to prove that the pet dogs it sells are healthy pets that have been vaccinated. After hearing, the court held that, according to the Beijing Regulations on the Administration of Dog Raising (2003), the provisions that must be observed by the units and individuals selling dogs include "the dogs sold have animal health immunity certificates and quarantine certificates". The Beijing Municipal Regulations on Animal Epidemic Prevention stipulates that units and individuals engaged in the purchase, sale and transportation of animals shall report to the local animal health supervision institutions for the record. Units and individuals engaged in the business of animal products shall record the origin, producer, quarantine certificate number, purchase date and quantity of animal products. Records shall be kept for at least 2 years. As an operator, pet stores shall provide consumers with qualified quarantine certificates and health immunity certificates for the Pomeranian dogs they sell. In this case, the type and variety of animals in the back test report of the Animal Quarantine Certificate submitted to the court by the pet shop are shown as "pastoral dogs", while the dogs involved in the case are "Pomeranian dogs"; In addition, the first page of the Pet Immunization Certificate does not contain any pet identity information or health immunization certificate number except for the words "Bomei" and the date of birth, and there is no valid doctor signature or hospital seal on the page of the pet immunization record. The court held that the evidence submitted by the pet shop could not prove that the Pomeranian dogs sold by the pet shop had a true and effective quarantine certificate and a pet health immunity certificate. On the other hand, Mr. Wang bought the Pomeranian from the pet shop on October 17, 2021, and the next day the dog was sent to the animal hospital for treatment due to "canine coronavirus infection, cough, respiratory disease", and finally

Edit:Hou Wenzhe Responsible editor:WeiZe

Source:chinacourt.org

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