Compensation reprieve for cat lover in badminton injury case

A man who looked after and fed a stray cat, which caused an unintentional injury to a man playing badminton, was reprieved from paying most of the 240,000 yuan (US$33,363) compensation imposed on him following a Shanghai local court's second verdict.

The Minhang District People's Court announced on Wednesday that the man, surnamed Xiao, should pay 48,039 yuan, or 20 percent of the original judgement, instead of the 240,198 yuan, which means he does bear some responsibility for the injury suffered by the badminton player on the court.

The sports company that operates the badminton court is liable for the rest of the payment, or 192,158 yuan, the court ruled.

The incident occurred on April 20 last year, when the plaintiff, surnamed Wu, was playing badminton at the court in the district. When he jumped for a smash and landed, he stepped on a cat's belly, causing him to fall and get injured.

After seeking medical attention that evening, it was determined that he had sustained a level-10 disability, the lightest in China's disability rating system.

Wu contended that the sports company failed to fulfill its duty to ensure safety. Additionally, he said Xiao, an employee of the sports company and also a coach there who feeds the cat, should be identified as the animal's owner.

Under China's Civil Code, where a domesticated animal causes damage to a person, the keeper or custodian of the animal is liable. Wu asserted that both of them should be jointly liable for compensation.

The original verdict sparked a heated public discussion and the court initiated a retrial. This time, the court said that Xiao could not control the cat's movements or its whereabouts. Therefore, it could not establish a legal custodial relationship between the two.

The sports company should hold major responsibility, the court ruled, as it operates the badminton venue: it allowed the coach to keep the cat without taking timely measures to eliminate the safety hazard, failed to promptly detect the stray animal when it entered the court, and did not repair the damaged surveillance system, which made it hard to collect evidence.

Xiao, as a full-time badminton coach, frequently fed the stray cat in the area adjacent to the venue, which to some extent altered the tabby's living habits and clearly introduced a source of danger into the sports environment within the venue. Thus, Xiao is also at fault for Wu's injuries to some extent, the court said.

(It is adapted from an article published in the Shanghai Law Journal on Wednesday.)