In Hangzhou, Zhejiang, the girl Xiao Liao wanted to go back to her hometown for the New Year, because it was inconvenient to take a car with a pet, she put 2 pet dogs in a pet store at a price of 150 yuan per day. Unexpectedly, on the fifth day of the Chinese New Year, her pet dog had an accident.
Xiao Liao cried and told reporters that the dead dog was purchased for 16,000 yuan at the beginning of last year, and the breed was "Maltese". Because the two dogs had been bathing in the pet store, she trusted the owner of the pet store so much that she did not sign a contract, only made a verbal agreement, but unexpectedly this happened. Xiao Liao could not hide his sadness and kept wiping his tears with his hands.
(Source: 1818 GoldenEye)
The girl Xiao Liao's experience is very sympathetic! Although these pets are animals, they are like family members in the heart of the pet owner, and when the pet suddenly dies after establishing a deep relationship with the owner, the blow to the pet owner's heart can be imagined.
Many netizens believe that Xiao Liao did not sign a contract with the owner of the pet store, so the verbal agreement between them is not protected by law, in fact, there is a certain bias in this statement.
According to mainland law, the parties to a contract may be concluded in writing, oral or other forms. Therefore, even if Xiao Liao and Boss Ren verbally agreed on the basic content of the agreement, as long as there is proof such as chat records, the contract is still established.
As far as this incident is concerned, pets are legally personal property, and when Xiao Liao fostered the dog in the pet shop, a custody service contract was formed with The Ren boss.
Since the relationship between the breeder and the pet custodian is formed, the pet boarding shop, as the party providing foster care services, should fulfill the obligation of careful care and proper storage.
Although Boss Ren insisted that the puppy died of congenital heart disease, he must provide corresponding evidence to prove it.
Boss Ren caused the death of the pet dog in the process of performing the contract, causing losses to Xiao Liao, if it cannot be confirmed that the pet dog died due to its own disease, then it should bear the corresponding compensation liability.
According to the provisions of Article 897 of the Civil Code, during the custody period, if the custodian's improper custody causes damage or loss of the deposited property, the custodian shall bear the liability for compensation. However, if the unpaid custodian proves that he did not intentionally or grossly negligently, he shall not be liable for compensation.
In the incident, Xiao Liao provided surveillance video instructions, and The boss did not come to the store for 2 days to take care of it. She believes that the air conditioner has been on, but the boss has not replenished the water in time, and the pet dog has low blood sugar due to lack of water, which has caused serious consequences.
Although Boss Ren said that through his observation, there is no hypoglycemia in pet dogs, it is a fact that he does not come to the pet store every day to feed the pets that are kept. Therefore, the author believes that Ren Boss needs to bear the corresponding compensation liability for this.
However, on the other hand, pets are alive after all, and they will cause serious health consequences due to environmental changes or physiological reasons, which is difficult to predict.
As a caregiver, Xiao Liao should carefully select a foster care institution with relevant qualifications that can provide space and facilities suitable for pet life, and needs to sign a foster care agreement when conserving pets, stating the responsibility of pets when there are problems during the foster period.
At the same time, when agreeing on a custody service agreement with Ren Boss, it is also obliged to prove the health status of the pet before the foster care, and if Xiao Liao cannot provide the health certificate before the pet dog is fostered, he may also need to bear the corresponding responsibility for this.
In the incident, Boss Ren gave two proposals, one was to give Xiao Liao a membership card of 10,000 yuan, and the store could pick up the puppy for free when he bathed later. Another option is to buy a "Maltese" dog again, and the cost will be equal to that of Xiao Liao.
However, Xiao Liao did not approve of Ren's proposal and proposed 30,000 yuan in compensation on the grounds of the money to buy the dog and the cost of raising the dog.
Although Xiao Liao said that he would give in, after many consultations between the two sides, until now there is still no consensus on the amount of compensation, and it may be that in the end, Xiao Liao can only protect his legitimate rights and interests through legal channels.
Pet boarding is a kind of pet care service that has emerged in many pet hospitals and pet grooming stores. At present, the mainland is not very perfect in terms of pet-related laws, resulting in more and more pet-related disputes.
The author suggests that after finding a foster care institution with relevant qualifications, it is best to sign a foster care agreement. After the two parties determine the health status of the pet, the health status and other conditions shall be specified in the contract.
This includes the attribution of liability for problems arising from the pet during the foster period, as well as the liability for breach of contract stipulated in the agreement. For example, after the accidental death of a pet, compensation should be made according to what breed and price, and other related details.
When we have a legal foster care agreement, then we have a basis for negotiation. In the event of an accident, first communicate with the pet store about compensation and mental damages. If the negotiation is unsuccessful, compensation may be made in accordance with the provisions of the pet boarding agreement.
Thanks for your attention! I'm @Pro-Yuan
Learn about the law from life and learn the law from the hot spots.
#Law Popularization Action # #Hangzhou Headline # #杭州身边事 #
