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Court: Dogs Are Guilty Until Proven Innocent

The number of lawsuits involving dogs is on the rise as a growing number of families raise canines as pets, the Fengxian District People's Court in Shanghai said yesterday.

 

The court didn't say how many dog related suits it has heard, or how quickly the number of lawsuits is rising, however.

 

A vendor sells dogs dressed in Chinese style clothing at a dog market in Tongxian, a suburb of Beijing, Saturday, Nov. 20, 2004. The three-month-old puppies were selling for 1,200 yuan (US$145) each. According to state media reports, one in 10 Beijing families keeps a pet - despite high annual registration fees and restrictions on when they can be walked in the streets.

 

Court officials said pet owners are responsible for any accidents caused by their dogs, and they face a high burden of proof if they are sued.

 

An elderly woman surnamed Fang hitched a ride to work with her co-worker on a motorcycle one morning this year, court officials said.

 

As they neared an intersection, a dog appeared out of nowhere and the motorcycle crashed into it. The driver lost control of the bike, and Fang was thrown to the ground, fracturing her left leg.

 

She spent 6,800 yuan (US$840) on medical bills.

 

Fang then filed suit against the dog's owner surnamed Zhao, who was later ordered to pay Fang 7,200 yuan in compensation by the court.

 

The court also said that dogs are guilty until proven innocent.

 

A dog owner surnamed Zhang was recently sued by a neighbor, who claimed Zhang's dog bit her 5-year-old son. Although Zhang insisted his dog was not at the scene, he failed to provide any evidence.

 

So he was ordered to pay up.

 

A young girl surnamed Ye once found a street dog in front of her home. She fed the dog several times. One day the dog bit Ye's neighbor. Ye refused to compensate, but the court said Ye was responsible for the bite.

 

(Shanghai Daily November 3, 2005)

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