Nowadays, the cute pet experience hall and cat café have become a must-visit place for countless people who love small animals, but sometimes things don't go as they wish. I was originally excited to experience the joy of "sucking cats", but who expected the kitten to turn over and scratch people, who should bear this responsibility?The Hebei District People's Court of Tianjin Municipality tried a case of a "cat" being scratched, and decided that the plaintiff should bear 20% of the responsibility and the defendant should bear 80% of the responsibility.
Previously, Ms. Zhao went to a cat café in Hebei District to "pet the cat", who would have thought that as soon as she sat down, a cat jumped over and scratched her paw, causing her right leg to be scratched and bleeding.
In the afternoon of the next day, Ms. Zhao went to a hospital for treatment, and her medical history was that she was scratched on her right lower limb by a domestic cat 16 hours ago, and the wound was treated on an outpatient basis, and then injected with rabies vaccine, rabies immunoglobulin, and tetanus human immunoglobulin, for which Ms. Zhao paid medical expenses of 189057 yuan.
Ms. Zhao and Mr. Wu, the operator of the cat café, sued Mr. Wu in court because the negotiation of compensation was unsuccessful.
The Hebei District People's Court held that if the animal caused damage to others, the animal keeper or manager should bear tort liability. Where management provisions are violated and safety measures are not taken for animals, causing harm to others, the animal keeper or manager shall bear tort liability. Where another person infringes upon personal injury, he shall compensate for reasonable expenses such as medical expenses;Where the infringed party is also at fault for the occurrence of the damage, the infringer's liability may be reduced.
The cat café mainly provides "cat petting" services, and the plaintiff goes to the defendant for consumption, and the defendant, as the manager of the animal, should take safety management measures for the animals it raises. The defendant should compensate the plaintiff for the personal injury caused by the defendant's cat without taking safety measures.
However, Ms. Zhao, as a person with full capacity for civil conduct, failed to take sufficient and effective protective measures when she knew that there was a possibility of being scratched or bitten by a cat in the process of "petting the cat", and she should also bear corresponding responsibility for her own actions.
The plaintiff bears 20% of the liability for the damage caused by his own injury, and the defendant bears 80% responsibility for the damage caused by the plaintiff's injury, and compensates the plaintiff 151246 yuan.
The presiding judge of the case said that while consumers are close to their pets and enjoy the pleasant time of rest and relaxation, they should consider the danger of the pet itself and the possibility of danger caused by the behavior of "petting", so as to strengthen self-protection and avoid potential risks. As a merchant providing services, the pet experience hall store should assume the management obligations of a professional manager, ensure the safety of operation and management, do a good job of risk warning, set up complete protective facilities to prevent damage caused by pets, and purchase corresponding insurance if necessary. In the event of an accident, the "overlord clause" and "unilateral interpretation right" should not be followed, but reasonable and compliant disposal measures should be taken. (*Rule of Law** Reporter Fan Ruiheng).
*: Ocean.com.