In recent days, the Hunan Governor, in the town of Frou district, has heard a case of car damage caused by a car accident without a dog being held together.
On the morning of 15 November 2020, when a child walked out of the house with a dog who was not held in time, the pet dog ran out of the building and ran to the side of the road across the road, colliding with a vehicle driven by Fong, causing damage to the vehicle. After the incident, Fuya called the police.
Following an on-site survey, the traffic police unit of the Changsha City Public Security Department, Frou, issued a certificate of accident, which demonstrated that during the incident, a child-specific pet dog had crossed the road without a rope, and that there had been a car crash with a dog, causing damage to the vehicle. The pet dog was taken to the pet hospital for examination, after which the dog was not injured by the accident. The damage to the accident vehicle was brought to the car repair shop at a cost of $4837. Subsequently, it was not reasonable to claim compensation for the cost of repairing the vehicle from a child who believed that the car was colliding with a dog, that the pet dog was not injured after the collision and that the vehicle was severely damaged, not excluding that the vehicle had been damaged prior to the accident. The parties did not reach agreement, and Fukui filed an action in the Furung District Court to seek compensation from the child for the loss of maintenance of the vehicle.
Judgement
The Court considered that the dispute in the present case focused on whether the damage to the vehicle of Fong was caused by collision with a pet dog of a child. According to the " Accident Certificate " , issued by the Bu Yong Division of the Traffic Police of the Changsha City Public Security Department, which was provided by Fong, the damage caused by the vehicle was caused during a collision with a child ' s pet dog, and the child ' s pet dog was not tied, in violation of the mandatory requirement in the Longsha City Dog Management Ordinance that a dog must be accompanied by a dog. Taking into account the magnitude of the cause of the accident, the child is held liable for violation if he or she, as an animal breeder or manager, fails to take safety measures against the animal, causing damage to others. The relevant evidence submitted by a child that the dog had not been injured could only prove that the dog had not been injured in the incident, which did not negate the causal link between the dog and the damage to the vehicle. In the end, the court awarded the child a sum of $4837 for the cost of repairing the vehicle.
Judge's evaluation.
In recent years, as people ' s standard of living has improved, an increasing number of urban residents have preferred to raise pets, which sometimes cause damage to the person and property of others. In this case, the failure of a child, as a breeder of a pet dog, to take safety measures in his or her own animal during the dog walk, and to exercise his or her due managerial responsibility, resulted in damage to the property. In accordance with article 1245 and article 1246 of the Civil Code of the People ' s Republic of China, a child shall be held liable for such violations. Relevant legal provisions
Civil Code of the People ' s Republic of China
Article 1245. An animal breeder or manager who causes damage to another person shall bear responsibility for the violation; however, it can be shown that the damage was caused by the victim ' s wilful or gross negligence, and that responsibility may be waived or mitigated.
Article 1246. An animal breeder or manager shall be held liable for any damage caused to another person by failure to take safety measures against the animal in violation of the regulations; however, liability may be mitigated by proving that the damage was caused intentionally by the victim.