ECNS, February 9 (reported by Chen Jing) -- It was learned today that a recent personal injury dispute case had been concluded by Changning Court in Shanghai. In this case, the plaintiff Xie Yangyang is a four-year-old boy who was bitten when he fed monkeys after drilling through the fence gap at a zoo. His parents believed that the zoo failed to fulfill its protective obligation and therefore claimed compensation for medical expenses, disability compensation, prosthesis fees and mental damage consolation totaling more than RMB 160,000 yuan.
Changning Court ruled that as Xie Yangyang's guardians, his parents failed to fulfill their duty of care and should bear the main responsibility, i.e. 60% of the total compensation amount. The zoo would be responsible for 40% of the compensation.
It was reported that in April 2011, the plaintiff Xie Yangyang visited the zoo with his parents. When they arrived at the primate exhibition area, Xie Yangyang crossed the fence outside the cage to feed the monkeys and was unexpectedly bitten on his right middle finger. Xie Yangyang's parents immediately complained to the relevant department of the zoo. They then sent their child to the hospital for treatment and called the police. As a result, Xie Yangyang suffered a tenth-level disability and spent over RMB 4000 yuan on medical expenses. After being discharged from the hospital, Xie Yangyang needed to have a prosthesis installed on his middle finger which cost over RMB 2000 yuan. According to expert consultation, Xie Yangyang would need to replace the prosthesis every two years before he turns 18 and every four years after adulthood. He would also need to pay a substantial annual fee for prosthesis maintenance. In September 2011, Xie Yangyang's parents filed a lawsuit against the zoo in Changning Court.
After detailed analysis of the case by the judge of Changning Court, it was determined that the direct cause of Xie Yangyang's injury was the violation of relevant park regulations and擅自穿越防护栏 (unauthorized crossing of the guardrail). The zoo provided two layers of protection for visitors: the first layer was an iron mesh cage, and the second layer was a metal railing 1.12 meters high and with a 1.5-meter isolation zone outside the cage. In addition, the zoo posted prominent signs requiring parents to supervise their children and not to play with or feed animals, nor cross the railings. There were also patrol personnel in the park, indicating that the zoo had fulfilled its obligations of protection, notification, and patrol. However, under the obvious warning signs, Xie Yangyang's parents relaxed the dangerous警示教育 (safety education) and supervision of Xie Yangyang, thus showing negligence in supervision.
However, since the spacing between the metal railings of the zoo was about 15 centimeters, after on-site testing by the court, children under 10 years old (slimmer ones) could drill through the gaps. As a public place, the zoo receives tens of thousands of preschool children every year and should have foreseen the possibility of such danger occurring but did not take necessary remedial measures. Therefore, it also bore some fault and secondary responsibility, needing to bear 40% of the compensation amount, totaling more than RMB 30,000 yuan.