On the afternoon of April 15, 2018, when Zhang Xiang Road passed the downstairs of a building in an industrial park in Baiyun, Guangzhou, he was hit on the head and neck by a big dog falling from the upstairs and fell to the ground. The big dog got up and left, and then disappeared. Zhang Ping was smashed into high paraplegia, and the result of judicial appraisal was first-class disability, and the degree of nursing dependence belonged to complete nursing dependence.
Because the involved dog and its owner could not be found, the landlord and tenant of Zhang Ping’s whole building sued the court and made clear their claims: medical expenses, nursing expenses, mental damage solace, etc., totaling more than 3 million yuan, of which the late nursing expenses accounted for more than 2 million yuan.
Different from the general case of “one person is smashed, the whole building is compensated”, the injured object in this case is the animal whose owner cannot be found, so it is more complicated. Since the Baiyun District People’s court first heard the case in mid-2018, the lawsuit has lasted for more than two and a half years.
On the morning of February 5, 2021, the first instance of Baiyun District People’s Court of Guangzhou City publicly adjudicated the case of Zhang Mou Xiang v. Cai Mou Zhang and other people’s liability dispute for violation of security obligations, and adjudged that the defendants Cai Mou Zhang and Guangzhou Huang Mou company jointly and severally compensated Zhang Mou Xiang’s disability compensation, totaling 1173830.71 yuan.
In this case, Zhang was injured because the dog fell from the roof of the third floor in the public area of the building, but the existing evidence can not determine the actual infringer or the actual manager of the dog. The defendant Cai Mou Zhang, as the lessor of the building involved in the case, and the defendant Guangzhou Huang company, as the actual user of the rooftop area, both bear the obligation of safety protection, in order to prevent and stop the occurrence of high-altitude throwing, falling objects and other violations. In accordance with Article 1198 of the civil code of the people’s Republic of China, the two managers failed to take corresponding safety precautions, resulting in the dog falling from the roof and causing personal damage to Zhang. They should bear the tort liability of violating the security obligation and causing damage to people. Therefore, they made the above judgment.