Xuanxuan has a great fondness for small animals, and for her 10th birthday, she wished for a puppy. Her parents surprised her with a puppy as a gift, which made her very happy. They also took the time to explain how to care for the puppy and agreed that Xuanxuan would be responsible for its care.

Since getting the puppy, Xuanxuan has taken the initiative to walk it every night. After school each day, she leashes the dog and takes it outside to play. One Sunday, while walking in the community, a cat suddenly jumped out from a small garden, startling Xuanxuan’s dog. The dog broke free from its leash and ran off, accidentally tripping a neighbor in the process. Xuanxuan was frightened and sat down crying. Other neighbors quickly helped to catch the dog and informed Xuanxuan’s parents, who took the injured neighbor to the hospital. Fortunately, the neighbor only sustained minor injuries.

According to Article 1,245 of the Civil Code of China, if an animal causes harm to others, the owner or caretaker is liable for damages. Article 1,246 states that if the owner fails to follow safety regulations, they are also liable. This means that if a pet causes harm, the owner is responsible, regardless of fault.

As the owner, Xuanxuan was responsible for managing her dog while walking it in the community. Since she did not control the dog properly and it caused harm, she is liable. However, Xuanxuan is only 10 years old and has limited civil capacity. Article 1,188 of the Civil Code states that if a person with limited capacity causes harm, their guardian is responsible. Therefore, Xuanxuan’s parents also share responsibility in this incident. The question remains: does the cat that startled the dog bear any responsibility?