Liability for Motor Vehicle Traffic Accident

Abstract

Case::

Yuehong Liu vs. Jianming Zhang et al.

Facts::

When Defendant was driving his vehicle, he hit and killed Plaintiff’s shepherd dog. Plaintiff sued for damage.

Issue::

Shall it be regarded as a traffic accident as defined by the law of torts when a dog was hit and killed on the road by a car?

Holding::

The court held that the essential elements of a traffic accident were the following: (1) the subject of the accident was an automobile, (2) the accident happened on the road, (3) the damage was caused by driver’s negligence or accident, and (4) the damage included personal or property damages. In this case, the dog was not the subject of the accident, but the property of its owner. Therefore, this case satisfied elements of a traffic accident. Defendant shall be imposed with traffic accident liability according to the law of torts.

Rule::

It is a traffic accident when a dog is hit and killed on the road by a car, so the culpable driver shall bear liability according to the law of torts.