The dog was killed by a motorcycle, and the owner of the dog, Liu, took the owner Huang to the court and demanded compensation of 50,000 yuan for the spiritual comfort. Recently, the People’s Court of Miyi County of Sichuan Province dismissed Liu’s claim in accordance with the law.
On the evening of August 23, 2012, when Huang was driving a two-wheeled motorcycle without a license to the crosswalk of Miyi Cultural Square, he failed to slow down and collided with Liu’s Alaskan dog, causing the Alaskan dog to be injured. The traffic police department determined that Huang was responsible for the accident. After Liu sent the dog to the hospital for treatment, the dog died of serious injuries on August 28, 2012. During the period, Liu used medical expenses of 6,800 yuan. After the accident, Hwang compensated Liu for the property damage, but refused to compensate for the mental loss. Liu believes that pet dogs are grown up from a young age, and they get a lot of fun while paying. The pet dog died, their family lost their happiness and emotional sustenance, so they demanded compensation of 50,000 yuan for spiritual comfort.
The court held that in the case of infringement of property rights, the object of compensation for moral damage can be limited to “a specific commemorative item with personality symbolism”, and the pet dog is not a “special commemorative item with personality symbolism”, and Liu did not provide The relevant evidence proves that it did cause corresponding losses in the spirit. Therefore, the court did not support Liu’s claim for claiming spiritual damage to Huang. After the verdict was pronounced, neither party appealed.