A man stepped on a stray cat while playing badminton and suffered a tenth degree of disability!Why did the court award the feeder NT$240,000 in compensation?
Yesterday, news spread online that a stray cat breeder was ordered to pay NT$240,000 by a court.
On April 20, 2023, Mr. Wu was playing at a badminton court in Minhang District, Shanghai. When he jumped up and landed a smash in the backcourt, his right foot stepped on the belly of a cat. He fell and was injured, and the cat ran away. Mr. Wu failed to negotiate with the badminton hall and sued the badminton hall operating company and the cat’s owner, Xiao, to court. The laboratory commissioned by the court issued an appraisal opinion: the medial malleolus and posterior malleolus of the lower end of the right tibia and fibula were fractured, and the broken end was obviously displaced; the middle and lower section of the right fibula was fractured. After surgical internal fixation and other treatments, more than 50% of the function of the right ankle joint has been lost, and it is assessed as a tenth-level disability.
On November 3, 2023, the court held a hearing. The cat’s owner, Xiao, is an employee of the badminton hall. He said that the cat was a stray cat and was not raised by him. He only fed the cat on a daily basis and could not be identified as the owner. A coach at the badminton court testified in court that Xiao had worked in the company for 10 years and was a coach at the court. Since August 2022, he had adopted a gray-white stray cat weighing about five or six kilograms. He usually puts the food bowl in At the door of the toilet outside the arena, he named the cat “Potato” and usually took him to the pet hospital for bathing and medical treatment.
Recently, the court made a first-instance judgment when Xiao refused to be summoned to court:
According to the facts ascertained, the cat was raised by Xiao. According to the law, if the animals raised cause harm to others, the animal breeder shall bear tort liability. The badminton hall operating company was negligent in management and failed to fulfill its safety guarantee obligations. As a result, the plaintiff was injured when he stepped on a cat in the sports venue while playing badminton, and should bear corresponding supplementary liability.
Xiao paid a total of 240,198.20 yuan in compensation to Mr. Wu for medical expenses, disability compensation, and spiritual solace. After the stadium operating company assumes supplementary liability, it can recover compensation from defendant Xiao.
Lawyer Qian Liuxin from Zhejiang West Lake Law Firm believes that Article 1,245 of the Civil Code of the People’s Republic of China: “If the raised animals cause harm to others, the animal breeder or manager shall bear tort liability.” Breeding as mentioned in this article refers to the behavior of a specific person cultivating and actually controlling animals by providing food based on their intention. Temporary sheltered stray dogs and cats will still be regarded as farmed animals even if they are kept for a short period of time and lack fixed places or facilities. In the case of a relatively stable feeding relationship, the breeder may be identified as the breeder of stray animals and bear legal liability.
2024-03-21 00:14:27
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