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Torts and Damages

AFIALDA vs. HISOLE and HISOLE 85 Phil 67

Assumption of Risk FACTS: Loreto Afialda was employed as a caretaker of the carabaos owned by spouses Basilio and Francisco Hisole. On March 21, 1947, Afialda was gored by one of the carabaos, causing injuries which resulted to his death. The mishap was due neither to his own fault nor to force majeure. Afialdas sister, Margarita, sued Hisole arguing that under Article 1905 of the Civil Code, The possessor of an animal, or the one who uses the same, is liable for any damages it may cause, even if such animal should escape from him or stray away. This liability shall cease only in case, the damage should arise from force majeure or from the fault of the person who may have suffered it. ISSUE: Whether or not Hisole, as the owner of the carabao, is liable for the damage caused to its caretaker. HELD: No. The law uses the term possessor and user of the animal. Afialda was the caretaker of the animal and was compensated to tend the carabaos. He, at the time of the goring, was the possessor and the user of the carabao, and was thus the one who had custody and control of the animal and was in a position to prevent the animal from causing damage. It was the caretakers business to try to prevent the animal from causing injury or damage to anyone, including himself. And being injured by the animal under those circumstances was one of the risks of the occupation which he had voluntarily assumed and for which he must take the consequences.