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顺风车违规托运宠物犬遇车祸丢失,法院判平台免责承运人主责
Xin Jing Bao· 2025-07-13 10:51
Core Viewpoint - The court ruled that the ride-sharing platform is not liable for the loss of the pet dog during transport, placing primary responsibility on the actual carrier, while the plaintiff also bears some responsibility for the loss [1][3]. Group 1: Case Details - The plaintiff, Chen, used a ride-sharing platform to transport a pet dog from Beijing to Hebei, paying a fare of 198.1 yuan [2]. - The actual carrier, Hu, was involved in an accident that resulted in the loss of the dog during transport [2]. - Chen sought compensation from both Hu and the ride-sharing platform, claiming they should be jointly liable for the loss [2]. Group 2: Court's Ruling - The court determined that the ride-sharing platform merely provided intermediary services and had clearly stated in its user agreement that transporting pets alone is prohibited [3]. - The court found that Chen and Hu had formed a new transport agreement outside the platform's terms, thus the platform was not liable for the loss [3]. - Hu was deemed responsible for the loss of the dog as he failed to prove that the loss was due to a legally recognized exempting circumstance [3]. Group 3: Responsibilities and Liabilities - The court emphasized that both the carrier and the shipper share responsibility in cases of loss or damage during transport, with the carrier bearing strict liability unless exempted by law [4]. - The shipper, Chen, was found to have made a choice regarding the transport method that contributed to the loss, thus he also bears some responsibility [3][4]. - The court highlighted the importance of clear communication between the shipper and carrier regarding the pet's characteristics and transport conditions to avoid disputes [4][5]. Group 4: Valuation of Pets - In cases of loss or death of pets during transport, the carrier is responsible for compensating the pet's value, search costs, treatment fees, and related expenses [6]. - The valuation of the pet can be contentious; if not agreed upon, it should be determined based on market prices at the time of delivery [6]. - The platform, when acting as a non-vehicle carrier, must fulfill its obligations as stipulated in the transport contract with the shipper [6][7].