Because her pet dog "DouDou" fell ill, Ms. Yu, trusting her friend Mr. Li, entrusted her dog to him for treatment. However, a few days later, she learned that the dog had died. Ms. Yu demanded compensation from Mr. Li, and after several unsuccessful attempts to negotiate, she had no choice but to sue him in court. Today, it was learned that the Dongguan Third People's Court ruled that Mr. Li was practicing medicine without a license, resulting in the dog's death, and should bear tort liability, ordering him to compensate Ms. Yu for property damage and emotional distress totaling 8,000 yuan.
My friend practiced medicine without a license, and my beloved pet died in less than a week.
In August 2022, Ms. Yu's pet dog fell ill. She took it to a veterinary hospital for treatment, but after several days, the dog still hadn't recovered. Mr. Li, a friend who worked at another veterinary hospital, heard about this and offered to cure the dog. Trusting him, Ms. Yu entrusted her dog to Mr. Li's care; however, the dog's condition worsened, and it tragically died. Afterwards, Ms. Yu discovered that Mr. Li did not possess a licensed veterinarian and repeatedly sought an explanation from him.
Mr. Li believes that he treated his pet dog out of good intentions, and since the dog was critically ill at the time, the treatment plan was not much different from that of other pet hospitals, so he believes he was not at fault.
After several unsuccessful negotiations, Ms. Yu sued Mr. Li in court, demanding that he pay her 25,000 yuan in compensation for emotional distress and other expenses.
The court ruled in favor of awarding compensation for property damage and emotional distress.
The Third People's Court of Dongguan held that Mr. Li had violated the provisions of the "Animal Epidemic Prevention Law of the People's Republic of China" by engaging in animal treatment activities without obtaining a practicing veterinarian's license. Furthermore, the pet dog had been cremated, making it impossible to determine the cause of death. Mr. Li failed to establish medical records or treatment plans during the treatment of the pet dog, and therefore could not prove that his treatment was causally related to the dog's death. Thus, the court concluded that Mr. Li's tortious act caused the pet dog's death and that he should bear tort liability.
The pet dog had lived with Ms. Yu for nine years, developing an emotional bond with her. The dog's death caused Ms. Yu emotional distress and harm. According to the Civil Code of the People's Republic of China, Mr. Li should compensate Ms. Yu for emotional distress.
Therefore, the court ruled that Mr. Li should compensate Ms. Yu for property damage and emotional distress totaling 8,000 yuan.
The judge reminded
Pet treatment should be sought at a reputable veterinary hospital.
As living standards continue to improve, pets have become increasingly common in households, becoming good companions for people, and the demand for pet medical care is also expanding. The presiding judge pointed out that, in pursuit of profit, some pet shops or individuals provide animal medical services without obtaining an animal medical license, leading to frequent medical accidents involving pets.
Therefore, the judge reminds pet owners to always choose qualified pet hospitals and licensed veterinarians when taking their pets to the vet to receive more professional animal medical services. During the treatment process, communicate with the veterinarian in as much detail as possible about the pet's condition, medication, and treatment, and sign informed consent forms or other written documents when necessary. Relevant institutions and individuals must also adhere to legal and standardized operations, and are prohibited from illegally conducting any animal medical business activities before obtaining an animal medical license.
