Pets Become Sky-High Killers-Who Should Pay for a Lost Life?

If a domestic animal causes harm to others, the animal breeder or manager shall bear tort liability

In late 2024, a child playing in a Guangdong Shaoguan residential compound died after being struck on the head by a turtle falling from the 15th floor. The court ruled that Zhang, the turtle's owner, must pay 1.28 million yuan in compensation, while the property management company was exempted from liability due to lack of evidence of negligence. This bizarre case shines a light on the legal complexities of high-rise falling objects and pet ownership responsibilities.

Under Article 1245 of the Civil Code, pet owners bear strict liability for harm caused by their animals, unless they can prove the victim's intentional misconduct or gross negligence. In this case, Zhang kept the turtle in a high-rise without protective measures, allowing it to climb and fall. The court found a direct causal link between Zhang's negligence and the child's death, holding him fully liable for the tort. 

Regarding the property management company, Article 1254 of the Civil Code stipulates that managers are only liable if they fail to take necessary safety precautions. Since the parents could not prove the company neglected inspections or lacked safeguards, the court ruled it blameless. "Routine patrols cannot predict individual pet-related fall risks," the judge noted, "unless the company knew about high-rise pet ownership but failed to dissuade it, or ignored repeated similar incidents." 

This is not an isolated incident. Data shows pets or pet items account for 15% of high-rise falling object cases in China. The physical risks of keeping pets in tall buildings are far greater than commonly understood—even "low-risk" pets like turtles require special management, such as enclosed balconies and protective nets. 

"Even a seemingly'harmless' pets like turtles demand extra caution," explains Wang Wei, a partner at Beijing Zhongwen Law Firm. "High-rise environments inherently pose fall risks. Owners must implement physical barriers like enclosed balconies; otherwise, they are negligent."

While the property management company avoided liability here, it highlights the need for stronger public safety measures: installing anti-litter cameras, regular hazard inspections, and clear pet management rules. A Shanghai judge noted that in cities with recurring falling object incidents, property managers have been held 10-20% liable for failing to install surveillance or promulgate prohibitions. The uniqueness of this case—being a single, isolated incident—prevented attributing blame to systemic management flaws. 

Legally speaking, Article 1245 makes pet owners virtually liable for any harm their animals cause, regardless of intent. The message is clear: pet ownership carries inherent responsibilities, especially in high-rise settings where a moment's negligence can lead to fatal consequences. 

Relevant Legal Provision:

Article 1245 of the Civil Code: If a domestic animal causes harm to others, the animal breeder or manager shall bear tort liability; however, if it can be proven that the harm was caused by the victim's intentional act or gross negligence, the breeder or manager may be exempted from or bear reduced liability.