CHINA: A young child in Shaoguan City (韶关), Guangdong Province, tragically lost their life after being struck on the head by a turtle that fell from a height.
According to Chinese media outlet The Paper, the court has since ordered the turtle’s owner to pay RMB1.28 million (approximately S$229,100) in compensation to the child’s parents.
The incident, as detailed in a report by the Shaoguan Intermediate People’s Court on Tuesday (10 June), took place late last year.
At the time, a couple, identified by the surname Zhao, were playing with their child in the communal area of their residential estate when the tragedy unfolded.
Without warning, a turtle plummeted from above and struck the child on the head.
Although the child was rushed to hospital for emergency treatment, they sadly succumbed to their injuries.
Subsequent investigations identified another resident of the estate, surnamed Zhang, as the turtle’s owner.
It was also revealed that the residential community’s property management company had purchased liability insurance.
Court Finds Turtle Owner Fully Liable
The Zhao family initially attempted to reach a settlement with Zhang, the property management, and the insurance provider, but negotiations failed.
They subsequently filed a lawsuit in the Wujing District Court, seeking RMB1.3 million (S$232,700) in compensation from all three parties involved.
Upon reviewing the case, the court cited provisions in China’s civil code, which state that the keeper or manager of a domesticated animal is required to bear liability if the animal causes harm to another person.
Such liability may only be reduced or waived if it can be proven that the victim acted intentionally or with gross negligence.
As there was no evidence of fault or negligence on the child’s part, the court held Zhang fully responsible for the child’s death as the turtle’s owner.
With regard to the property management company, the court noted that under civil law, such companies are only held liable if they fail to take necessary safety precautions.
However, the Zhao family was unable to provide sufficient evidence to prove that the management had neglected its duties.
Consequently, the court rejected their claim against the property firm.
Since the property management company was not found liable, the insurer was also not required to provide compensation.
In its first ruling, the court ordered Zhang to pay RMB1.28 million (S$229,100) in compensation to the Zhao family.
Dissatisfied with the verdict, Zhang appealed to the Intermediate Court.
During mediation proceedings, both parties eventually reached a settlement.
The Zhao family agreed to accept the compensation in instalments, with Zhang given a 30-day grace period to begin making payments.
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