Construction firm ruled responsible for deaths of hundred of parrots

(123rf)

The Supreme Court judged that a construction company was responsible for the deaths of hundreds of parrots in Anyang, Gyeonggi Province, Yonhap News reported Friday, citing legal sources.

The plaintiff, who runs a parrot farm, filed a lawsuit against the construction company, claiming that noise and vibrations from a construction site nearby caused the deaths of parrots.

From January 2017 to December of the same year, total 427 parrots died on the plaintiff’s farm.

The plaintiff filed 16 complaints to the Anyang City Hall from March to December of that year.

“Parrots are extremely sensitive to external stimuli such as noise and tremors, because as an animal at the bottom of the food chain, they have to immediately detect predators' approach," the plaintiff argued, seeking 250 million won ($189,000) for property damage and 100 million won in compensation.

The first trial court ruled against the plaintiff, saying that the noise level measured by Anyang City Hall 14 times at the time was 54 decibels to 68.5 decibels, which was less than 70 decibels the standard of noise-abatement regulation. The first trial court judged that noise and vibration from the construction site do not have a causal relationship with the death of parrots.

The second trial court also did not accept that the construction company was responsible, saying that the company made efforts to mitigate the noise, including installing soundproof walls.

However, the Supreme Court reversed the prior judgments and sent the case back to the lower court, saying, "The damage to the plaintiff have exceeded the 'tolerable limit' in social norms."

"According to the research results that prove noise causes damage to birds, the degree to which construction noise contributed to the parrots death is considerable. Also, although the company installed a sound barrier, it is difficult to say that it had responded effectively, because it was belatedly installed, about six to seven months after the construction kicked off," explained the Supreme Court.

By Lee Jung-youn(jy@heraldcorp.com)