Child in China killed by turtle falling from height, owner ordered to compensate parents
A young child in Shaoguan City, Guangdong Province, China, was tragically killed after a turtle plummeted from above and struck them on the head.
Malaysian outlet Sin Chew Daily reports that the reptile’s owner has been ordered to pay a staggering RMB1.28 million (S$229,100) in compensation.
Victim struck by turtle while playing in residential community
According to the details released by Shaoguan Intermediate People’s Court on Tuesday (10 June), the incident took place late last year when a couple surnamed Zhao (name transliterated) were playing with their child in the communal grounds of their residential estate.
Without warning, a turtle fell from a height and landed directly on the child’s head.
Despite being rushed to the hospital for emergency treatment, the child sadly succumbed to their injuries.
Source: eNanyang, for illustration purposes only
An investigation later identified a resident surnamed Zhang as the turtle’s owner. The property’s management company had liability insurance in place, but this did not affect the final ruling.
Court rules turtle owner responsible for child’s death
The Zhaos initially attempted to reach a compensation agreement with Zhang, the property manager, and the insurance provider, but negotiations broke down.
They subsequently filed a lawsuit in the Wujing District Court, demanding RMB1.3 million (S$232,700) in damages from all parties involved.
Source: Canva. For illustrative purposes.
After reviewing the case, the court ruled that:
“If a domesticated animal causes harm to another person, the keeper or manager of the animal shall bear tort liability. However, if it can be proven that the harm was caused by the intentional act or gross negligence of the victim, liability may be exempted or reduced.”
Since no such evidence of negligence on the child’s part was presented, Zhang was held fully liable as the turtle’s owner.
As for the property management firm, the court found that the plaintiffs failed to prove it had neglected safety obligations.
Therefore, the company — and by extension, its insurer — was not found liable.
Settlement reached after appeal
During the first trial, the court ruled that Zhang must pay S$229,100 in compensation to the Zhaos.
Zhang later appealed to the Intermediate Court. During mediation, the Zhaos agreed to accept the compensation in instalments, with Zhang granted a 30-day grace period to begin payments.
Also read: 2-year-old girl hit by metal hook at Sengkang playground, sustains bloody gash on head
2-year-old girl hit by metal hook at Sengkang playground, sustains bloody gash on head
Have news you must share? Get in touch with us via email at news@mustsharenews.com.
Featured image adapted from Canva and Canva, for illustration purposes only.
