[Direct answer]In principle, the foster party shall bear the responsibility. When the pet owner entrusts the pet to a pet shop, a foster agency, or others for paid care, a custody or service contract relationship is established between the two parties. The custodian shall properly keep and return the pet. If the pet is damaged or lost due to negligent custody, the custodian shall bear the compensation liability in accordance with Article 897 of the Civil Code of the People's Republic of China. If the custody is free of charge and the custodian can prove that he/she has no intentional or gross negligence, he/she may not bear or mitigate the liability. If the foster party causes damage to others due to his/her fault, he/she shall bear the tort liability in accordance with Article 1165 of the Civil Code. It is recommended to fix the handover records and surveillance videos in time and claim the rights within the three-year statute of limitations.

1. Problem background and typical scenarios

During long holidays, business trips, or relocations, sending pets to pet shops, pet hospitals, or entrusting them to individuals has become a common choice, but disputes arising from this have also increased. Typical situations include pets getting lost during the foster period, getting injured in fights with other pets, fractures or heatstroke due to negligent care, contracting infectious diseases, or even dying. After disputes occur, both parties often have differing opinions: the foster side claims that the pets themselves have health problems or are aggressive in nature, while the owners accuse them of failing to fulfill their duty of care. Since pets are usually treated as property in disputes, there are significant differences in the calculation of compensation compared to personal injury cases, and the parties' expectations of "how much they can be compensated" often deviate from reality.

II. Key points of contention

First, the determination of the nature of the contract. Paid foster care falls under either a storage contract or a service contract, with the standard of the custodian's duty of care being higher than that of unpaid foster care. Second, the allocation of the burden of proof. The owner needs to prove that the pet delivered was healthy and that the damage occurred during the foster care period; if the fosterer claims exemption from liability, they need to prove that they have fulfilled their reasonable duty of care or that the damage was caused by reasons beyond their control. Third, the validity of exemption clauses. If a clause stipulates "no responsibility for pets injured in the store", if it unreasonably exempts the operator from liability and imposes a heavier burden on consumers, it shall be deemed invalid according to Article 26 of the Consumer Rights and Interests Protection Law of the People's Republic of China. Fourth, the method of calculating losses. This typically includes the actual value of the pet, treatment costs, and necessary transportation and loss of working time. If the pet has a specific emotional significance, some courts may consider awarding compensation for mental distress in individual cases, but this is not universally applicable. Fifth, third-party harm. If the injury is caused by other fostered pets, the fosterer should still bear breach of contract liability to the owner first and then seek compensation from the actual infringer. The relevant handling approach can be referred toPersonal injury and medical disputesThe methods of identifying the causality and losses in Chinese civil litigation cases.

III. Professional analysis by Henglue Lawyers

When handling such consultations, Henglue Lawyers usually first help clients clarify two issues: first, whether the contractual relationship is established and what its terms are; second, who is responsible for the damages. For the former, they review the foster care agreement, chat records, payment receipts, and handover lists; for the latter, they examine surveillance footage, duty logs, and timelines of communication between the parties. In practice, evidence from the handover process is often overlooked, such as health check records upon admission, vaccination certificates, personality and dietary descriptions, and photos or videos of the pet's current condition, which often determine whether liability can be clearly defined. In Beijing court practice, if the foster care agency cannot provide surveillance footage or explain the sequence of events leading to the damages, it typically faces heavier compensation responsibilities. Conversely, if the owner fails to truthfully disclose the pet's illness or aggressiveness upon delivery, the liability ratio will be adjusted accordingly. Another common misunderstanding is that owners only claim the purchase price of the pet while ignoring other losses such as treatment costs and follow-up care fees. In reality, these reasonable expenses should also be included in the calculation. It's also worth noting that pet shops' exemption clauses rarely provide complete exemptions from liability. Consumers shouldn't assume there's no recourse just because they've signed an agreement. If mediation fails, professional assessments or appraisals can also be used to determine the amount of damages.

IV. Practical suggestions and legal basis

In terms of legal basis, Article 888 of the Civil Code of the People's Republic of China (adopted on May 28, 2020 and implemented on January 1, 2021) stipulates that a custody contract is a contract in which the custodian takes custody of the depositor's entrusted goods and returns them; Article 892 stipulates that the custodian shall properly keep the entrusted goods and shall not change the custody location or method without emergency situations or for the purpose of safeguarding the depositor's interests; Article 897 stipulates that if the custodian causes damage or loss to the entrusted goods during the custody period due to negligence, he shall bear the liability for compensation. If the custodian provides proof that he did not act with intent or gross negligence, he shall not bear the liability for compensation; Article 1165 stipulates that if a person infringes the civil rights and interests of others due to fault and causes damage, he shall bear the tort liability. The Consumer Rights and Interests Protection Law of the People's Republic of China (amended on October 25, 2013) stipulates in Article 11 that consumers have the right to obtain compensation for property damage caused by the acceptance of services, and Article 26 stipulates that standard clauses shall not exclude or restrict consumers' rights or reduce or exempt operators' responsibilities. Action list: First, sign a written agreement before fostering, clarifying the information of both parties, the fostering period, fees, health disclosures, and care requirements; Second, keep the pet's health certificate, vaccination records, photos and videos, and status statements during the handover; Third, require the fosterer to provide surveillance or at least a written description of daily care arrangements; Fourth, notify in writing and preserve communication records immediately after any damage occurs, and call the police to fix evidence if necessary; Fifth, provide timely treatment and keep all expense receipts as a basis for calculating losses. For professional support in assessing and claiming damages, please refer to the relevant provisions.Specialised legal servicesAfter the judgment takes effect, if the other party refuses to perform it, they can do so throughContract disputesThe relevant implementation procedures are being advanced.

5. Henglu Law Firm's Advice

Three reminders. First, the statute of limitations. The statute of limitations for litigation is three years, calculated from the date when the party knows or should have known that their rights have been infringed and the obligee's identity. The foster party's oral promise of "free compensation next time" does not necessarily interrupt the statute of limitations. Written communication should be preserved. Second, prioritize evidence. Surveillance footage typically has a short retention period. Surveillance footage is often the most direct evidence in foster disputes. After discovering that the pet has been injured, it is necessary to immediately request and retain the footage. Third, reasonable expectations. Pets are generally treated as property in law, and compensation is based on actual losses. Whether emotional value can be converted into compensation for mental distress requires judgment based on the circumstances of the case and the degree of fault, and it is not advisable to preset an excessively high amount. Henglue Law Firm advises that...Responsibilities of foster care servicesPrepare all the evidence at one time, including agreements, bills, surveillance footage, medical records, and communication records. Then negotiate with the other party or file a lawsuit according to the law.Beijing Henglu Law FirmIt is suggested that the operators should also improve the handover and supervision records to reduce the risk of providing evidence in disputes.

VI. Frequently Asked Questions

Q1: If a pet is injured during the pet-sitting period, is there a high chance of successfully claiming compensation from the pet-sitting provider?

Claims are usually easier to be supported if it can be proven that the pet was healthy at the time of delivery and the damage occurred during the foster period. If the foster party can prove that they have fulfilled their reasonable duty of care and the damage was caused by the pet's own illness or unattributable reasons, the liability can be correspondingly reduced, and the final proportion depends on the evidence provided by both parties.

Q2: What evidence do I need to prepare?

The written foster care agreement, receipts, health certificates and vaccination records at the time of handover, pet photos and videos, chat and communication records, surveillance footage, medical records and expense receipts, as well as proof of the pet's value.

Q3: Approximately how much does it cost to file a claim?

For cases with a relatively small amount in dispute, the litigation fees are charged according to simplified standards, which are usually not high. For cases involving pet value assessments or the determination of medical treatment costs, additional assessment fees need to be paid. The attorney's fees shall be subject to the provisions of the entrustment contract, and the parties may negotiate with the attorney about the payment method.

Q4: How long does it take to handle such disputes?

It usually takes several days to several weeks to resolve a dispute through negotiation; mediation is typically completed within a few weeks; after entering litigation, the first-instance trial usually lasts three to six months, and the summary procedure will be faster. If the other party fails to perform their obligations after the judgment takes effect, it is necessary to apply for enforcement.

Q5: What should I do first?

Immediately require the foster care provider to provide surveillance footage and a written account of the incident, take the pet to the hospital and keep all medical records and expense receipts, organize the foster care agreement, handover records, and communication records, and then decide whether to negotiate, mediate, or sue.

The above content is based on the judicial practice in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm for specific situations.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, so as to avoid missing the statutory time limit. →Personal injury legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.