"Didn't have a leash on" Driver who hit small dog with car and claimed vehicle repair costs now responsible for dog's medical bills
Ulsan District Court Rules Against Driver Claiming 4.31 Million KRW for Vehicle Repair and Replacement Costs
Pet Owner Countersues for 7.24 Million KRW in Brain Injury Treatment, Awarded 1.94 Million KRW Compensation
[Asia Economy Yeongnam Reporting Headquarters Reporter Kim Yong-woo] A court ruling has ordered a driver who hit a small dog without a leash and the dog's owner to pay for the dog's medical expenses in a lawsuit over whether the compensation should cover vehicle repair costs or treatment fees.
The lawsuit began when the driver who hit the dog crossing a crosswalk without a leash filed a claim against the dog's owner for vehicle repair costs, but the court ultimately ruled in favor of the owner, ordering the driver to pay for the dog's medical treatment.
According to the Ulsan District Court on the 1st, the 1st Civil Division (Chief Judge An Bok-yeol) ruled against the plaintiff, driver A, in the appeal trial where A sued owner B for vehicle repair costs.
In June 2019, A was driving his passenger car at a speed of 20 km/h at a crosswalk in Buk-gu, Ulsan, when he hit a Yorkshire Terrier crossing the street with its owner.
A filed a lawsuit claiming a total of 4.31 million KRW for vehicle repair and rental costs, arguing that B neglected safety measures such as not putting a leash on the dog, which caused the accident.
B countered by claiming 7.24 million KRW for medical expenses, stating that his dog suffered brain damage and other injuries from the traffic accident.
The first trial court ruled in favor of B, but A immediately appealed the decision.
The second trial court stated, "The dog was a small breed weighing about 2.6 kg at the time of the accident, and although it suffered brain damage from the impact, there were no broken bones or visible external injuries."
It also explained, "There was no mention of damage to the plaintiff's vehicle at the time of the accident, and the video taken by the defendant immediately after the accident shows no signs of damage to the plaintiff's vehicle, so there is no evidence to support the plaintiff's claim."
The court ruled, "The plaintiff is responsible for compensating the defendant for the damages caused by the plaintiff's negligence in failing to observe the duty to watch ahead, protect pedestrians, and drive safely. However, considering the defendant's fault for not using a leash, the plaintiff's liability is limited to 60%."
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Therefore, A must compensate B a total of 1.94 million KRW for the dog's medical expenses and consolation money.
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