Ben Madilynn
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By Chang Jui-chen
and Lery Hiciano / Staff reporter, with Staff Writer
A Taichung woman surnamed Lin (林) has won a civil lawsuit for NT$1.79 million (US$56,488) in the Taichung District Court after sustaining injuries after being chased by a dog while riding her scooter.
The court has ruled in Lin’s favor and ordered a man surnamed Kuo (郭) to pay her NT$1.79 million in compensation.
Lin was riding through a residential area on Nov. 29, 2022, when a black dog suddenly chased her, the court ruling said.
Photo: Taipei Times
In her attempt to get away from the dog, she crashed into a parked truck, resulting in injuries to her hands, thighs, ankles, a head injury and a partial dislocation of her right wrist, the ruling said.
Since the accident, she has developed a fear of dogs and has anxiety when she hears them barking or passes them on the street, to the extent that she cannot visit her family members who own a dog, it said, adding her doctor diagnosed her as having post-traumatic stress disorder.
Lin sued Kuo for NT$1.99 million in total compensation; NT$1.64 million for the reduced mobility of her wrist, NT$300,000 for emotional distress and the rest for other expenses stemming from the accident.
Kuo said that the dog was a stray he had been feeding, but he did not dispute that the dog could be considered his and expressed a willingness to compensate Lin.
However, given that he only makes a living through odd jobs and gig work, he could only afford to pay her NT$50,000 to NT$60,000, he told the court.
The court ruled that Kuo was responsible for compensation, as the owners of animals are liable for damages they cause and he did not dispute that Lin was injured due to the dog chasing her, nor did he provide evidence he had adequately restrained it (such as by using a leash).
The judge said that although Lin worked prior to the accident, she is currently unemployed, whereas Kuo’s irregular work provides him with NT$18,000 to NT$20,000 a month.
Considering all of these factors, the judge found her claim of NT$300,000 for emotional damages to be too high and reduced it to NT$100,000, making Kuo responsible for NT$1.79 million in total in compensation.
The ruling can be appealed.
The High Prosecutors’ Office has issued a reminder to owners that they are liable to damage their animals cause, citing an increasing number of cases of dogs causing accidents or injuries.
Furthermore, if the owner fails to properly restrain the dog, leading to injury or death, they can also be criminally liable for negligent injury or even manslaughter.
Legal experts generally agree that the definition of an “owner” excludes those who occasionally feed stray dogs, but includes people who provide long-term care for strays, as Kuo did in this case.
