Pleasant day with kids to play in cat café. However, things turned out unexpectedly, and the child was scratched by a cat. We asked the owner to compensate for this, but the owner pointed out that there was a disclaimer posted on the front of the store, claiming that he was not responsible for being scratched by a cat. Let us review the facts of the case. The story takes place in September 2023, Ms. Chen took her 8-year-old child Mao Mao to the then popular cat café "pet the cat". Ms. Chen found a place to sit down and concentrated on playing with her mobile phone, while Mao Mao picked up a funny cat stick to interact with the cat. Unfortunately, the height of the funny cat stick is exactly the same level as Mao Mao's face, and the cat accidentally scratched Mao Mao's face when grabbing the funny cat stick. Ms. Chen immediately found the owner Li and informed him of the situation, and Li simply treated Mao Mao's wound. However, because Ms. Chen was still worried about the safety of her child, she then took Mao Mao to the hospital to receive the rabies vaccine and asked the owner Li to pay 1,525 yuan for the vaccination. However, Li said that the cats in the store have been vaccinated against rabies, and Mao Mao does not need to worry. In addition, he mentioned that there is a disclaimer posted on the door of the store, making it clear that the store does not assume any responsibility for being scratched by a cat.
Because of disagreements over compensation, Ms. Chen took the cat café to court. In the trial of the Yuehu District People's Court in Yingtan City, the judge held that as the operator of the cat café, Li had the responsibility to take safety management measures to protect the pets and customers in the store. However, when Ms. Chen and Mao Mao entered the store, Li did not inform them of the precautions related to "petting cats". In addition, the statement posted in the store that "We are not responsible for being scratched by a cat" is a liability exclusion clause. According to Article 506 of the Civil Code of the People's Republic of China, such standard clauses directly exclude liability for personal injury to consumers, so they are regarded as invalid agreements. However, we can't completely shift the blame to the shopkeeper either. Mao Mao, as a minor, and Ms. Chen, as his guardian, sat on the side and concentrated on playing with her mobile phone, failing to fulfill her due protection obligations, so she should also bear certain responsibilities. Under the mediation of the court, the two parties finally reached an agreement on compensation. The cat café will take on 80 percent of the responsibility, while Ms. Chen will take on the remaining 20 percent. This result reflects both the requirements for the owner's responsibility for safety management and Ms. Chen's lack of responsibility to protect her children.
Through this case, we can see that as an operator, we should take appropriate management measures for the safety of pets in the store and provide relevant precautions to customers. Customers should also enjoy the service while fulfilling their responsibility to protect. Only with the joint efforts of both parties to create a safe and comfortable environment can we truly enjoy the fun brought by petting cats. Reference: Article 506 of the Civil Code of the People's Republic of China. Article topic: "Legal provisions and precautions for the liability for harm caused by raising animals" In daily life, keeping pets has become the choice of more and more people, and the company of pets has brought people a lot of happiness and pleasure. However, it should also be recognized that the responsibility that comes with raising animals cannot be ignored. According to relevant laws and regulations, when the raised animals cause damage to others, the animal keeper or manager shall bear the corresponding tort liability. However, the law also allows for mitigation or exemption of liability where it can be proved that the damage was caused intentionally or grossly negligently by the infringed party. In addition, if the breeder or manager causes damage to others in violation of the management regulations and fails to take safety measures, he shall also bear tort liability.
Of course, liability can be mitigated in cases where it can be proved that the infringed party intentionally caused damage. Therefore, as animal keepers or managers, we have the responsibility to strengthen the management of pets, ensure the safety of others, and avoid pets hurting people. For consumers, while enjoying the company of pets, they should also pay attention to their own safety. Whether in cat petting houses or other pet places, we should be vigilant, follow the rules when interacting with pets, and take necessary safety measures. For example, avoid irritating your pet and don't interact with it in an aggressive way that can trigger aggressive behavior. In addition, if you find that your pet has abnormal reactions or signs, you should report it to the store or relevant staff in time and take corresponding measures to protect your own safety and that of others. Regarding the liability of pets to hurt people, the Shandong Higher People's Court has released some reference cases. These cases can help us better understand the legal provisions and how to deal with similar issues in real life. At the same time, we can also get more relevant information by following the official WeChat public account of the Shandong Higher People's Court.
Finally, we need to analyze the specific situation of whether the nominal legal representative of a company can erase the industrial and commercial registration through litigation. According to the law, the nominal legal representative of a company can deregister its industrial and commercial registration through litigation under certain circumstances. However, this requires careful analysis and judgment based on the specific facts of the case and the relevant legal provisions. Therefore, if you encounter similar problems, it is recommended to consult a professional lawyer in time to get the correct legal guidance and help. In short, keeping animals is a responsibility that needs to be taken seriously, and we need to comply with relevant laws and regulations, strengthen the management of pets, and ensure the safety of others. At the same time, as pet consumers, we should also pay attention to our own safety, comply with regulations, and take necessary safety measures. Only by working together can we create a harmonious and safe pet environment together.