The Jing ‘an District People’s Court in Shanghai has issued a verdict on a dispute over keeping a dog. The case stems from the conflict between Ms. Leng (pseudonym), a resident of the community, and Ms. Zhang (pseudonym), a dog owner. Ms. Leng was sued for claims after spraying dog repellent because the green belt at her door was turned into a “dog public toilet”.
It is understood that when Ms. Zhang walks her dog daily, she often stays with three pet dogs in the community’s public green belt. On the day of the incident, when Ms. Zhang and her dog were in the green belt in the northwest corner of the community, Ms. Leng, who lived on the second floor and whose window was facing the green belt, came forward to ask Ms. Zhang to leave because of the uncivilized behavior of walking dogs for a long time. Ms. Leng said that some owners of the community let the dog urinate and urinate at will and do not clean up, the green belt at the door of their own because of its remote location, but also the worst disaster area, not only the destruction of green vegetation, but also emit bad smell, breeding mosquitoes. Previously, she reflected to the neighborhood committee and the property that the appeal of the owner group had no effect, and she bought the dog repellent by herself.
Ms. Zhang thinks that they have the right to walk the dog in the public area of the community, ignoring Ms. Cold’s requirements. Subsequently, Ms. Leng took out dog repellent spray and poured it on Ms. Zhang’s three dogs and Ms. Zhang, and the two sides argued and physically clashed. Ms Zhang said the spray caused the three dogs to clash with each other, resulting in one of the teddy dogs being injured and bleeding. On the day of the incident, Ms. Zhang took the injured teddy dog to medical treatment and was diagnosed with a jaw fracture.
Previously, the two sides at the police station mediation and signed an agreement, agreed to reconciliation, give up the examination of injuries, do not pursue legal responsibility, Ms. Cold compensation Ms. Zhang pants washing costs 25 yuan. However, as Ms Zhang was not aware of the serious injury of the teddy dog at that time, the mediation did not involve the treatment of the dog’s injury. Later, because the two sides did not reach an agreement on compensation, Ms. Zhang sued to the court, claiming pet dog treatment costs, nutrition costs, a total of more than 10,000 yuan.
Ms. Leng argued that the ingredients in the dog repellent were safe and only gave off unpleasant odors to keep pets away. According to the surveillance video and the mediation of the police station, Ms. Zhang did not mention the injury of the dog, and the teddy dog should not be injured at that time, and the two sides have mediated and fulfilled the agreement, Ms. Zhang has no right to claim again.
After the court heard, check the scene monitoring did not see the dogs bumping into each other, injured. As for Ms. Zhang’s claim that the teddy dog was injured and the blood photos and other evidence provided by her, the court held that if the dog bled, the bleeding state was serious, and Ms. Zhang did not mention the injury during the mediation of the police station was contrary to common sense, and it was difficult to identify the fact that the dog was injured. At the same time, the court found that the mediation agreement signed by the two parties did not meet the statutory conditions for cancellation, Ms. Leng has fulfilled the obligations of the agreement, and once again asked her to bear the infringement liability. In the end, the court ruled against all of Ms. Zhang’s claims.
With the increase of pet families, civilized dog raising has become a topic of social concern. If pet feces are not cleaned up in time, it not only contains a large number of harmful bacteria that affect human health, but also breaks the ecological balance of soil due to high nitrogen and phosphorus components, leading to freshwater eutrophication and other problems. Although many dog owners have developed the habit of carrying cleaning tools to “pick up poop”, the ground residue and odor problems still exist.
In order to solve this problem, many places have actively explored, such as Jinbao Garden community in Shunyi, Beijing, Kangle New Village community in Mengjin District, Luoyang, Henan Province, and Jianghe Community in Shuanggang Town, Jinnan District, Tianjin, respectively through the construction of “dog public toilets”, the establishment of “pet urinals”, and the use of waste tires to transform the urinals, etc., to guide residents to keep dogs in a civilized manner, and arrange special cleaning and disinfection.
Li Ling, a professor at Beijing Union University, pointed out that to solve the problem of community pet management, it is necessary to issue a civilized dog keeping convention through community co-governance, give play to the role of various stakeholders, change the “blocking” to “sparse”, provide services, practice the convention, and realize civilized dog keeping. Although keeping dogs is a private matter, when public interests are involved, all parties need to work together to ensure community harmony with rules and services to avoid “dog fun” becoming “dog trouble”.
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