Stray cats hurt people, and the property is responsible.

Children playing in the community were attacked and scratched by stray cats. What kind of responsibility does the property have? Is the guardian responsible? Let me share a case for your reference.

On July 26th, 20 19, 3-year-old Xiaojiang was playing in children's amusement facilities in the community and was scratched by a stray cat. After the injury, Xiao Jiang was taken to the hospital. After examination, his face was bleeding with obvious claw marks, and he spent 876.42 yuan on medical expenses. In the following two years, Xiaojiang's family and the property company repeatedly communicated on this issue without results. 2021June 16, Xiaojiang's father, as the guardian, filed a lawsuit with Xiaojiang as the plaintiff, demanding compensation from the property management company.

Foshan Intermediate People's Court held that before Xiaojiang was injured, the property company had received complaints from many owners, saying that there were many stray cats in the community and corresponding measures should be taken to prevent infringement. However, the property management company failed to fulfill its management responsibilities and security obligations, and should be liable for the damage caused by the stray cat attack in Xiaojiang. At the same time, as a general civil subject, property companies do not have the power of enforcement, and their security obligations are mainly reflected in assistance and prevention; Stray cats have a wide range of activities, and their activities are flexible and hidden. It cannot be completely solved simply by increasing staffing or shielding settings. The property company should take full responsibility. This case is too harsh.

Considering the service level of the property in this case, the urgency of the accident and the professional management ability of the property company, the court ruled that the property company should bear 30% responsibility and compensate for various losses such as medical expenses 1300 yuan.

According to the provisions of the Civil Law, although the operators, managers or organizers of mass activities in hotels, shopping malls, banks, stations, airports, stadiums, entertainment places and other business places do not include the security obligation of the property company, the property company has obtained the management right of the community based on the property management contract with the owners, and has unparalleled control over the community environment. Therefore, referring to the legislative spirit of security obligation, as a manager, he should have a certain degree of security obligation, drive away stray animals in the management area, and at the same time give appropriate warnings to people in the community to reduce security risks.