Dear Attorney,
I would like to inquire about a legal issue that has recently come up. A family member was injured by an animal while we were visiting a private establishment. Upon asking around, we found out that similar incidents have happened before at the same location. We are concerned about the safety protocols of the establishment and would like to know what legal steps we can take. Could the establishment be held liable for the injuries caused, especially since this has happened multiple times? What legal remedies can we pursue?
Sincerely,
A Concerned Parent
Insights
In the Philippines, the concept of liability for damages under the Civil Code applies to situations where injuries are caused by animals. Specifically, Article 2183 of the Civil Code provides that the possessor of an animal, or whoever uses the animal, is responsible for any damage the animal may cause, even if it escapes or is lost, unless the damage is the result of force majeure or the act of a third person.
This article further explains that owners of establishments or private properties are expected to exercise due diligence in ensuring the safety of their guests. The repeated occurrence of injuries caused by an animal in the premises may indicate negligence on the part of the property owner or manager. The law imposes an obligation on business owners to maintain a safe environment for their patrons, and failure to address recurring incidents may result in liability for damages under Article 2176 on quasi-delict or tort.
If a person is injured due to the presence of stray animals within an establishment, it may give rise to a valid claim for damages. The establishment owner could be found negligent if they were aware of the recurring incidents and failed to take appropriate action, such as removing or controlling the stray animals to prevent future harm.
The injured party may file a civil case for damages, seeking compensation for medical expenses, pain and suffering, and other relevant losses. Additionally, if the negligence was gross or willful, the aggrieved party could also pursue moral or exemplary damages under Articles 2217 and 2232 of the Civil Code.
In cases like this, it is essential to gather evidence, including reports of past incidents, medical records, and witness testimonies, to support the claim. Consulting with a lawyer is advised to fully assess the merits of the case and explore the best legal remedies available.