I saw that the stray cat in the community was pitiful and occasionally fed out of pity. The kitten made a big mistake and actually scratched the neighbor. Neighbors took the feeder and property to court. Recently, the Luoyang Old City People's Court heard the tort liability dispute case. Can the neighbors sue the feeder and the property owners for compensation obtain support from the court?
The calf was scratched by a stray cat in the community. It cost 1,829.5 yuan to treat it. Ms. Liu and Ms. Zhang are neighbors living in a community in Laocheng District, Luoyang City. A property management company is the property management company of the community. Stray cats are often present in this community, and Ms. Zhang and other residents of the community occasionally feed stray cats.
In June 2021, the plaintiff Ms. Liu was scratched by a stray cat in the community building. On the same day, Ms. Liu went to the hospital for treatment and spent a total of 1,829.5 yuan on medical expenses.
Because of the failure to claim compensation, Ms. Liu sued Ms. Zhang, who often fed stray cats, and the property company, to the Laocheng District Court, demanding that medical expenses, transportation expenses, printing expenses, CD production expenses, case acceptance expenses, etc.
Ms. Liu claimed that Ms. Zhang often feeds stray cats, causing stray cats to gather in the community and should bear responsibility; the property management fails to clean up stray cats in the community in a timely manner, resulting in stray cats being injured, and should also bear responsibility.
Ms. Zhang introduced that she only feeds individual stray cats occasionally, and does not constitute a breeding and management relationship for stray cats, and has no direct relationship with the gathering of stray cats in the community.
Properties stated that they had posted "Pet Management Regulations" in the community, advised and reminded the owners, and controlled the stray pets. The property company compensated 1929.5 yuan for compensation,
The feeder was not responsible,
The court ruled that a property company compensated the plaintiff Ms. Liu for all losses totaling 1929.5 yuan, and rejected the plaintiff Ms. Liu's other litigation requests. If the animals raised in
cause damage to others, the animal breeder or manager shall bear tort liability. Animal raising people refers to the owner of the animal, that is, the person who enjoys the right to possess, use, benefit and dispose of the animal; animal manager refers to the person who actually controls and controls the animal.
This case is a tort dispute caused by animal damage caused by humans in the community. The core issue lies in the determination of the responsible entity, and the premise for determining the responsible entity is to determine the owner or manager of the animal.
Regarding Ms. Liu's claim that the defendant Ms. Zhang is the breeder and manager of the stray cat involved in the case should bear the liability for compensation, because Ms. Zhang denied it, the evidence provided by Ms. Liu is not enough to prove the claim. Ms. Zhang overfeeding the stray cat involved in the case does not mean that she enjoys the right of possession or control of the stray cat involved in the case, nor does it constitute a legal raising or management. Therefore, the lawsuit request for the Laocheng District Court will not support it in accordance with the law.
As the property manager of the community where Ms. Liu is located, the property company should fulfill its obligations to manage and secure the community. The community involved has stray cats. Because the animals have incalculable behavior, that is, there are dangers to the lives, health and property of others, it should be determined that the property has the necessary obligation to manage stray animals in the community.
Ms. Liu was scratched by a stray cat in the community. As the manager, the property management only posted the "Pet Management Regulations" in the community. It cannot prove that she fulfilled her obligation to manage stray animals in the community and should bear corresponding compensation liability according to law.
Next：None