Qingjing Farm to pay compensation for horse that mangled child's ear

Taipei, March 2 (CNA) The Taiwan High Court Taichung Branch on Monday ordered a popular tourist farm and a contractor to pay NT$710,000 (US$22,536) in compensation for a 2021 incident in which a horse bit and injured a child's ear, overturning a lower court's ruling absolving them of legal responsibility.

The incident occurred in April 2021, when a husband and wife, surnamed Tsai (蔡) and Lee (李) respectively, brought their 2-year-old son to Qingjing Farm in Nantou's Ren'ai Township.

As Lee lifted her son for a photo outside an enclosure where children could feed the farm's horses, one horse reached its head out, bit the boy's right ear and yanked on it, causing mother and child to fall to the ground.

The 2-year-old child's ear was torn by the bite, causing cartilage damage that required reconstructive surgery, as well as bruising in the area behind the ear.

During an initial trial at the Nantou District Court, a judge noted that the farm's horses were kept in a fenced enclosure with a rope around it, with a staff member present and a sign warning visitors to keep a safe distance.

On those grounds, the court found, the farm and the contractor in charge of the enclosure sufficiently fulfilled their duty to protect visitors' safety, while the child's mother failed to heed the warnings by getting too close to the horses for a picture.

The court ruled that the family was not owed any of the NT$2.31 million in compensation they sought.

In an appeal to the High Court, however, the Tsai family argued that they had not seen the warning signs or staff member due to the large crowd of people around the enclosure.

They also said it was contradictory to put up signs warning that the horses might bite, but not install higher fencing to prevent them from doing so.

In its ruling Monday, the High Court partially sided with the family's arguments, while also noting that the contractor had taken additional safety measures after the biting incident, thus acknowledging, in a way, that they were insufficient before.

The court ordered the farm and the contractor to pay a combined NT$710,000 in compensation to the family, covering the boy's medical expenses and emotional damage, as well as punitive damages.

The ruling can be appealed.