This strange incident took place in Shanghai, and the news ran into the city.
The dog died of electrocution after pissing on the lamppost, and the owner claimed compensation for the property.
On the evening of 25 July 2021, Shanghai citizen Sun Koi went out with a pet dog as usual. The dog had come to a street light in the district, carrying his back leg and peeing on the street lamp, and had to twitch on the ground as if he had been electrocuted. Sun Koi immediately sent a pet dog to a pet hospital for rescue and died of electrocution.
After that, Sun, accompanied by Zhao Zhou Zhou Zhou Zhou Zhou, the district property manager, carefully examined the distressing street light and found that the street light poles had been badly rusted, that some of the wires had been exposed and that there had been serious electrical leakage. At the time of the incident, the dog had just peed on the exposed wire, resulting in electrocution.
Since then, Sun has on several occasions consulted with Zhao Yi, a small property company, seeking compensation for the loss of pet dogs and moral damage. However, Zhao Ochi, a property company, insisted that compensation for the partial loss of pet dogs would be granted only on the grounds of external factors such as the unwinding of the street light poles and the lack of mismanagement, and that the remaining claims were rejected.
Mediator: Both parties are responsible
The dog owner dropped his claim.
On August 20th, Sun Koi came to the Putu District Joint People ' s Mediation Committee and applied for mediation, asking the property company to compensate the pet dog for the full cost of the damage and for the moral damage totalling more than $50,000.
In communication with the mediator, the property company Zhao Chiu explained:
In addition to the ongoing storm effects of typhoons, prolonged acidic drowning of the lamppost is an important cause of damage to the lamppost. In its view, the claim for compensation for the full cost of the damage and moral damage to the pet dog totalling more than $50,000 was too high.
From a legal point of view, the mediator informed Zhao Zhao Ziqii that:
In accordance with article 45 of the Property Regulations of the People ' s Republic of China, property service enterprises shall refrain from violating the laws and regulations on security, environmental protection, decoration and use in property management areas and report to the relevant administrative authorities in a timely manner. The failure of the property company to comply proactively with its legal obligation to stop the lampposts, knowing that they are corroded with acidity and can cause damage to the lampposts, is one of the causes of the erosion of the lampposts by allowing long-term violations to occur.
At the same time, in accordance with article 55 of the Property Regulations of the People ' s Republic of China, in the event of a security threat to property that endangers the public interest and the legitimate rights and interests of others, those responsible shall maintain and maintain it in a timely manner. The failure of the property company to screen and maintain the security risks of the lampposts in a timely manner, particularly in the knowledge that the storm would damage the security of the lampposts, and in the broad context of the Government authorities ' demands to screen the security risks prior to the storm ' s onset, was a major contributing factor to the failure of the lampposts. Thus, the justification of Zhao Zhao Zhou for “the prolonged acidity of the lamppost and the significant cause of the damage to the lamppost” in addition to the continuous storm effects of the typhoon, is inconsistent with the relevant legal provisions and should not be used as justification for refusing compensation.
After hearing the mediator's interpretation,
Recognition of violations of the law by property companies
Consent to primary liability to the extent reasonably possible
The mediator then spoke in person with Sun, who said:
The failure of the property company to fully discharge its statutory responsibility for the management of public facilities, and the prolonged lack of effective security of public facilities and security measures in the sub-region, are all the causes of the dispute, thanks to the fact that the pet dog incident exposed the electricity leak, which would have made the consequences even worse for the population.
After some consolation, the mediator told Sun to:
Existing surveillance videos show that the failure of Sun Tsai to leash the dog while walking towards its familiar lamppost to urinate is an indication of failure of safety obligations. According to article 1246 of the Civil Code of the People's Republic of China, “In the event of violation of regulatory provisions and failure to take safety measures against animals that cause harm to others, the animal breeder or manager shall bear responsibility for the violation.” At the same time, prolonged acidic drowning of the lamppost is one of the major causes of damage to the lamppost.
Sun Ochi finally realized
There's something wrong with this dispute.
Expressed willingness to reduce liability of property companies
Final agreement to waive claims for moral damages
In the end, under the guidance of the mediator, the parties to the dispute will give mutual consideration, agree on a settlement of the dispute and sign a settlement agreement.