Mr. Yan signed up for a “summer training class” for his dog, hoping that after the training, his dog would have better living habits. The dog is then sent to a training facility. Unexpectedly, a few days later, Mr. Yan was told that his dog had suff...
Mr. Yan signed up for a “summer training class” for his dog, hoping that after the training, his dog would have better living habits. The dog is then sent to a training facility.
Unexpectedly, a few days later, Mr. Yan was told that his dog had suffered from heatstroke and was being rescued. Later, when Mr. Yan arrived, his dog was already dead.
When negotiations failed, Mr. Yan sued the training institution and its person in court, demanding the return of course fees and compensation totaling 36,000 yuan.
Mr. Yan explained that this includes the cost of purchasing the dog, the cost of raising it and the training course fees.
Mr. Yan
Dogs suffer from heat stroke quickly and the first aid time is short. The training institution delayed the treatment time and should be compensated.
The training institution and its person in charge stated that Mr. Yan’s dog did not engage in high-intensity activities before the accident. Moreover, the training agreement states that if a dog dies due to disease in the early stages of training, the training institution does not need to bear responsibility. Heat stroke is an acute disease. On that day, the staff discovered that Mr. Yan’s pet dog had heat stroke and immediately took treatment measures and drove it to a pet hospital. They also paid the medical expenses and other expenses in advance, thus fulfilling their treatment obligations. In response, the training institution is willing to refund the training fee of 6,000 yuan, but is unwilling to pay more.
The court ruled that the training institution should compensate 17,400 yuan.
The court held that although the agreement signed between Mr. Yan and the training institution stipulated that the training institution would not bear any responsibility if there was death due to illness in the early stage of training. However, Mr. Yan’s dog was in good health when delivered and was under the management control of the training institution 5 days before his death. The training institution failed to provide evidence that reasonable protective measures had been taken.
In addition, the cause of death of Mr. Yan’s pet dog was heat stroke, not caused by his own endogenous disease or infectious disease. Therefore, it was determined that the death of the dog was due to improper management and inadequate care of the training institution, and the owner of the dog, Mr. Yan, should be compensated.
In addition to the 6,000 yuan training fee that Mr. Yan has paid, Mr. Yan also spent a certain amount of money in the process of purchasing and raising his pet dog. Among them, the purchase fee was 6,400 yuan, and the raising cost was determined by the court to be 5,000 yuan.
In the end, the Siming Court ruled in the first instance that the training institution should compensate Mr. Yan 17,400 yuan.
The judge said: Training institutions have the obligation to be good managers.
The presiding judge believed that training institutions, as institutions with professional pet care and management knowledge, have the obligations to be diligent, prudent and good managers for the health and safety of dogs during foster care and training. The weather was hot during the incident, and the training institution should take corresponding protective measures. However, the dog involved in the case was in good health when delivered to the training institution, and was under the management and control of the training institution for 5 days before its death. The individual death consequences of improper management and poor care of the training institution cannot be denied just because other pets did not suffer from heat stroke. There is no legal causal relationship between the difference in pet physique and the accident. Therefore, it is determined that the training institution should bear full responsibility for the death of the dog. The presiding judge reminded all "poop shovelers" that before pet training, you should choose a qualified training institution, understand the training institution's venue and safety protection measures on the spot, and properly keep all health certificates of the pet before delivery to prevent disputes later.
The presiding judge also reminded all "poop shovelers" that
the heat dissipation system of dogs is not well developed,
medium-to-large dogs are more difficult to dissipate heat due to their thick body hair, and
are prone to heatstroke.
Poopers should try to avoid
excessive activities of dogs in high temperatures, which
increase the physical burden on dogs.
