According to a report from the Shaoguan Intermediate People's Court on June 9, a toddler in Shaoguan was fatally struck on the head by a falling turtle while playing with his parents in a residential compound at the end of 2024. The child was rushed to the hospital but died after emergency treatment.
Investigations revealed that the turtle belonged to Zhang, a resident of the community. The management company of the residential property had also taken out liability insurance. After the incident, the child's parents, Mr. and Mrs. Zhao, attempted to negotiate compensation with Zhang, the property management company, and its insurer, but they were unable to reach a settlement. As a result, Mr. and Mrs. Zhao filed a lawsuit with the People's Court of Wujiang District of Shaoguan City, seeking joint liability for 1.3 million yuan in damages from all defendants.
After reviewing the case, the court found that, according to Article 1245 of the Civil Code of the People's Republic of China: "Where a domesticated animal causes damage to another person, the keeper or custodian of the animal shall bear tort liability, provided that his liability may be mitigated or eliminated if it can be proven that the damage is caused by the infringed person intentionally or by gross negligence." As the keeper and owner of the turtle, Zhang was held liable for the child's death.
As for the property management company, according to Article 1254 of the Civil Code of the People's Republic of China: "Where an object thrown from within a building or falling off a building causes damage to another person, the tortfeasor shall bear tort liability in accordance with law… The manager of a building, such as the property management service enterprise, shall take necessary security measures to prevent the occurrence of the incident specified in the preceding paragraph. Where no necessary security measures are taken, it shall bear tort liability for failure to perform the obligation of providing security measures in accordance with law." Therefore, the property management company is only liable if it "fails to take necessary security measures."
However, as Mr. and Mrs. Zhao failed to provide sufficient evidence that the property management company had "failed to take necessary security measures," the court did not support their claim against the company. As for the insurance company, since the property management company was not held liable in this case, the insurer was likewise not required to bear any compensation responsibility.
In its first-instance judgment, the court ordered Zhang to pay 1.28 million yuan in compensation to Mr. and Mrs. Zhao. Dissatisfied with the verdict, Zhang appealed to the Shaoguan Intermediate People's Court. Through mediation by the court, the two parties reached a settlement: Mr. and Mrs. Zhao agreed to a payment plan allowing Zhang to repay the compensation in installments, with a 30-day grace period granted.
Furthermore, throwing objects from heights is not without consequences, simply because no one was injured. According to Article 291-2 of the Criminal Law of the People's Republic of China, whoever throws an object from a building or any other elevated place, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than one year, short-term custody, or non-custodial correction, and concurrently, a fine, or shall be sentenced to a fine only.
Safety is no small matter. To protect ourselves, our families, and others, let us take action now. Start with ourselves, look out for one another, and put an end to the dangerous habit of throwing or dropping objects from heights. Together, we can build a safe and harmonious community.
Editor | Zhang Xuanzhen (intern), Liu Lingzhi, James, Shen He
Cover image | Unsplash
