Donkey bites luxury car parked near paddock; Court orders donkey owner to pay Php340K
A man was sued in Germany after his pet donkey bit a businessman’s sports car, causing some damages to the expensive vehicle. Businessman Markus Zahn was about to drive his parked car when he saw a donkey biting its fender. When he inspected his car, he saw flaked paint and damages in the part bitten by the donkey. Zahn’s car is a McLaren 650S Spider, a luxury sports car that can cost up to £280,000 (around $371,000). Authorities said that the donkey may have confused the orange car with a carrot. The damage cost £26,000 (around $34,000). According to Zahn, his insurance would not cover the full amount, so he asked the donkey’s owner to pay for the remaining fee amounting to around £5,200 (approximately $6,800). However, the owner refused to pay and said that Zahn should have parked away from the paddock. Because of the donkey owner’s refusal, Zahn sued him. The court sided with the businessman and the donkey’s owner had no choice but to pay. (Man Sued After His Donkey Bit a Sports Car; Posted November 14, 2017; RareJob Philippines, Inc.; Daily News Article)
[1] Plaintiff: "Your donkey bit my car. Pay me."
[2] Defendant: "You parked the car near the paddock. Had you parked elsewhere, there would be no chance for my donkey to bite your car."
The facts are undisputed. If you were the judge, would you order the donkey owner to pay 340,000 pesos for the damage to the luxury car? Answer with legal basis.
LAW IN POINT: The Civil Code's Article 2183 provides, "The possessor of an animal or whoever may make use of the same is responsible for the damage which it may cause, although it may escape or be lost. This responsibility shall cease only in case the damage should come from force majeure or from the fault of the person who has suffered damage." (Suggested by Victor Austria)
[1] Plaintiff: "Your donkey bit my car. Pay me."
[2] Defendant: "You parked the car near the paddock. Had you parked elsewhere, there would be no chance for my donkey to bite your car."
The facts are undisputed. If you were the judge, would you order the donkey owner to pay 340,000 pesos for the damage to the luxury car? Answer with legal basis.
LAW IN POINT: The Civil Code's Article 2183 provides, "The possessor of an animal or whoever may make use of the same is responsible for the damage which it may cause, although it may escape or be lost. This responsibility shall cease only in case the damage should come from force majeure or from the fault of the person who has suffered damage." (Suggested by Victor Austria)
