Liability for Harm Caused by Domestic Animals

Abstract

Case::

Wei Peng vs. Tongmei Xue

Fact::

Plaintiff was a minor. He lived next door to Defendant and was bitten by Defendant’s dog when he was playing in his own yard. Defendant denied that the dog bit the Plaintiff, so Plaintiff brought a lawsuit against Defendant claiming compensation.

Issue::

When a dog bites a minor, what liability shall the dog owner bear?

Holding::

According to the evidence presented and common sense, Plaintiff’s complaint was more plausible because the two parties were neighbors who had prior disputes over the owner’s insufficient control of his dog. Therefore, the court held that Plaintiff was injured by Defendant’s dog. Defendant was held liable for Plaintiff’s damage because of his carelessness in raising the dog. But Plaintiff’s parents shall also bear partial liability because they were negligent in supervising the minor.

Rule::

The owner of a domestic animal shall be liable for damage caused by the animal unless sufficient compelling evidence shows otherwise.