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In a landmark case, the owner of an elderly Chihuahua who tragically died on an everyday walk in Osaka has successfully received 220,000 yen in damages from the owner of a German Shepherd alleged to have brought about the death of their pet.
But what exactly happened that day, and was the German Shepherd – or rather its owner – really to blame?
Reports indicate that the 15-year-old Chihuahua passed away from a pre-existing heart condition during a short walk in February last year. The grieving owner of the tiny dog blamed its death on a large German Shepherd dog that was alleged to have suddenly charged at the Chihuahua upon meeting it in the street, bringing about its death by way of a sudden heart attack.
The culpability of the German Shepherd caused some debate, with many believing that it was only doing what comes naturally to a sociable dog on a walk. However, the owner of the Shepherd was still believed to be at fault for failing to control their animal in a public area. The bereaved Chihuahua owner originally sought 570,000 yen in damages, but this was eventually reduced to the final amount of 220,000 yen.
We can fully sympathise with the owner of the Chihuahua. After all, there is little in this world as painful as losing someone who you love, and that includes pets. Still, we can’t help thinking that perhaps they could have taken steps to protect their frail and elderly animal from hazards that could reasonably be encountered on a walk, such as other, larger dogs.
However, the owner of the German Shepherd was perhaps negligent in failing to understand the impact of their large animal on smaller dogs. It’s unknown if the Shepherd was on a leash at the time, but it is concerning that it was apparently allowed enough free rein to interact with other dogs who might not have been so keen to play.
Responses to the case online were far from sympathetic to the plight of the Chihuahua’s owner, with some accusing them of cashing in on the loss of their pet and spinning the situation to their advantage. Others claimed that at 15 years old the Chihuahua had enjoyed about as much life as could be expected, and would probably have passed on from its heart condition soon anyway.
“It’s a miracle it was even alive at 15 years old…” “German Shepherd: ‘I was only trying to play…'” “I’m going to buy 10 Chihuahuas and parade them near big dogs to cash in.” “This actually sounds like a great money-making scheme!” “220,000 yen is too much. What’s wrong with half that amount and some dog food? Oh wait…” “In human terms, it would be the equivalent of being a plaything for a sumo wrestler. In that case I would probably have a heart attack, too.” “How about you don’t take your elderly Chihuahua outside?” “So did it drop dead on the spot? How do you know it had anything to do with the other dog, really?” “This is sad, but probably the right decision. The owner of the German Shepherd should be more careful.”
Source: 47 News via Livedoor
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12 Comments
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fds
ridiculous....
kcjapan
Elderly, dogs and people, can become very susceptible to sudden fright. At fifteen, commonly expressed as 105 in people years, any stress could easily cause a coronary event.
Few facts are detailed here, but, at 105 the poor little thing should have been carried in a cozy satchel. Perhaps the generous compensation reflected some negligence on the part of the Shepard's handler. More importantly, it is hoped a new pet has been found. Only in love can old loves be rekindled.
Magnus Roe
The article is very vague, without information about the use leash it's difficult to form an opinion. It's very worrying if a judge sentenced a dog owner to pay someone money because their dog barked. You can't reasonable expect people to keep their dogs from being vocal anymore than stop them from urinating on light posts.
M3M3M3
I think alot of elderly people in my building suffer sudden fright when the elevator doors open and they see my western face. I sure hope their families can't sue me if they suffer a heart attack.
I agree the outcome of this case is ridiculous for two reasons:
1- If the Chihuahua owner knew the dog was susceptible to sudden fright, they are contributorily negligent for taking the dog outside in public.
2- If they didn't know, then surely the danger would also be unforseeable to the German Shepard owner. There's no liability for failing to guard against a danger that was completely unforeseeable to everyone. In otherwords, this is just an unfortunate accident.
turbotsat
"220,000 yen"? On a 15-year-old chihuahua? Depreciation not taken into account?
Alan
I once knew a Japanese family whose small dog was killed and eaten by a large Akita-ken, which had escaped from a neighbor's house and entered their property. They reasoned that since their dog was now inside the neighbor's dog, they would claim ownership of that dog as compensation for their loss.
quercetum
Why don't they add names of the owners to the articles?
Mirai Hayashi
It really depends on what the Shepherd did. If it grabbed or bit the chihuahua, or if wasn't on a leash, then perhaps I can see a case. If it simply just frightened the chihuahua to death by barking at it, then sorry, that just a really bad day for the chihuahua and its owner.
Frederic Bastiat
I would have thought this had occurred in the Litigious States of America. Has that nonsense been imported as well?
wtfjapan
so if i beeped my horn at another motorist and the elderly dog was close by resulting in a similar heart attack, would i be liable also!?
Christopher Glen
This story is absolute nonsense. The owners of yappy little dogs have prevailed over common sense
inshikoku
220,000 yen! About enough to buy a new pedigree chihuahua.