Animal Damage Liability: Definition and Significance
Die Animal Damage Liability is a civil law term describing the responsibility and resulting liability of a person for damage caused by animals. In most legal systems, animal damage liability is particularly treated within the scope of so-called keeper liability. In German law, the relevant regulations are primarily found in the German Civil Code (BGB), especially in § 833 BGB. The purpose of this statutory liability is to protect injured third parties from the often unpredictable dangers associated with keeping animals.
Legal Basis for Animal Damage Liability in Germany
Liability Basis under § 833 BGB
The legal basis for animal damage liability is § 833 BGB (“Liability of the Animal Keeper”). According to this, the keeper of an animal is liable if the animal exhibits unlawful behavior and thus causes damage. It is sufficient if the so-called “typical animal behavior” occurs, meaning movements or actions motivated by the animal’s own will and not foreseeable or controllable by the keeper.
Wording of § 833 BGB (Excerpt):
“If an animal kills or injures a person or damages an object, the person who keeps the animal is obliged to compensate the injured party for the resulting damage.”
Distinction: Pets and Working Animals
Under German law, animal damage liability distinguishes between liability for luxury animals (pets not serving occupational purposes, e.g., dogs or cats) und working animals (animals serving the keeper’s occupation, e.g., workhorses, cattle in agriculture).
Luxury Animals
For luxury animals, liability is based on strict liability. This means that the keeper is liable for all damages caused by the animal, regardless of personal fault, as long as the typical risk of animal keeping has materialized.
Working Animals
For working animals, the keeper is only liable if at fault. Exceptions apply in cases where exonerating evidence can be provided (§ 833 sentence 2 BGB). If the keeper has demonstrably observed the care required in the trade or the damage could not have been prevented even with such care, liability is excluded.
Requirements for Animal Damage Liability
Keeper Status
A keeper is considered to be anyone who exercises actual control over the animal, provides for its care, and thus bears economic responsibility. The keeper status is generally assessed independently of ownership of the animal.
Damage
The damage incurred must have been caused by the animal’s behavior. This includes both personal injuries (death, bodily injury) and property damage (damage or destruction of objects).
Causality
There must be an adequate causal connection between the animal’s behavior and the damage. This is the case if the typical risk associated with animal keeping has materialized.
No Grounds for Exclusion
Liability is excluded if a statutory ground for exclusion exists, e.g., if the injured party voluntarily and knowingly accepts the risk of animal damage (e.g., animal caretakers), or in cases of force majeure.
Distinction: Keeper Liability vs. Custodian Liability
In addition to keeper liability, German law recognizes animal custodian liability (§ 834 BGB). The liability does not fall on the keeper, but on a person tasked with the temporary responsible care of the animal (e.g., dog sitter or stable hand). Here as well, it is required that the damage results from the animal’s behavior.
Special Features of Animal Damage Liability
Exclusion of Liability and Contributory Negligence
The animal keeper has defenses against the injured party. These include, in particular, the injured party’s own fault or contributory negligence (§ 254 BGB). In such cases, the duty to compensate may be reduced or eliminated altogether.
Liability of Multiple Parties
If several animal keepers are involved (e.g., when several dogs interact), joint and several liability may arise (§ 840 BGB). The liability share can be apportioned among the parties involved, depending on the circumstances of the individual case.
Insurance Aspects
In practice, animal damage liability is particularly relevant due to liability insurance. While a statutory insurance requirement exists for certain animal species (such as dogs, horses in some federal states), a voluntary liability insurance policy can be taken out for other animals. In the event of a claim, the insurer is responsible for settling legitimate claims and defending against unfounded demands.
International Comparison of Animal Damage Liability
Many European countries have comparable regulations regarding animal damage liability. While German regulations are considered very strict in international comparison (pure strict liability with luxury animals), other legal systems are more likely to require fault on the part of the animal keeper or differentiate according to types of pets and circumstances exacerbating liability.
Practical Examples
Dog Owner
A dog breaks loose from its leash and causes a traffic accident. Here, the dog owner is generally liable under § 833 BGB, regardless of personal fault, because the typical animal risk has materialized.
Horse Keeping
A free-roaming horse damages a pasture fence and kicks a passerby. The horse owner, as the keeper of a luxury animal, is obliged to pay compensation unless contributory negligence or fault of the injured party releases them from liability.
Summary
Animal damage liability in Germany is regulated as a specific basis for liability in the Civil Code. It serves to protect injured parties from the dangers of animal keeping, regardless of whether the keeper is at fault (strict liability for luxury animals, fault-based liability for working animals). For effective defense against liability claims and minimization of financial risks, it is advisable to take out liability insurance. Animal damage liability is an important pillar of German tort law and ensures balanced risk distribution between keepers and third parties who suffer damage.
Frequently Asked Questions
Who is liable if an animal causes damage?
Under animal damage liability, the German Civil Code (BGB) stipulates that, as a rule, the keeper of an animal is liable for damage caused by their animal (§ 833 BGB). This liability is independent of fault, meaning the animal keeper is generally liable for damage caused by the animal even if they are not personally at fault. This so-called strict liability is based on the fact that keeping an animal presents an abstract danger, since animals are unpredictable by nature and can cause damage. It is irrelevant whether the animal caused the damage intentionally or unintentionally. For certain animal types, particularly working animals, liability may, under certain circumstances, be excluded under § 833 sentence 2 BGB, in particular if the keeper can prove that they fulfilled their duty of care; nevertheless, liability is generally the rule.
Does the injured party have to take contributory negligence into account?
Contributory negligence on the part of the injured party can reduce or exclude the animal keeper’s liability under § 254 BGB. This is the case, for example, if the injured party, through their own actions—such as provoking the animal, gross negligence, or disregarding warning signs—has at least partially caused the damage themselves. In such a case, a liability assessment will determine how the damage is apportioned between the animal keeper and the injured party. The reduction is made according to the degree of respective fault. In practice, this is often relevant for animal bites or accidents between animals and people in road traffic.
Does animal damage liability also apply to animal custodians, or just to the keeper?
Animal damage liability is initially directed at the animal keeper. However, liability may also apply to the so-called animal custodian under § 834 BGB. An animal custodian is someone who, with the knowledge and consent of the keeper, assumes care of the animal, whether professionally, voluntarily, or as a favor (e.g., dog sitters, stable staff, veterinarians during custody). The animal custodian is, however, not strictly liable, but only liable in cases of their own fault, i.e., breach of the duty of supervision. If the animal custodian is simultaneously the animal’s keeper, parallel or alternative liability may arise.
What types of damage are covered by animal damage liability?
The animal keeper’s liability covers both property damage and personal injury caused by the animal. This includes injuries to persons, destruction or damage to property, and if applicable, financial losses related to the damaging incident. Consequential damages such as loss of earnings, medical expenses, and compensation for pain and suffering may also be covered. Pure financial losses with no connection to physical or property damage are not covered. Relevant claims for damages must be determined in individual cases in accordance with tort law.
Are there special liability relaxations for working animals?
In the case of working animals used for the profession, occupation, or livelihood of the keeper (e.g., agricultural draft animals, herding dogs), the law provides for a liability relaxation under § 833 sentence 2 BGB. The animal keeper is not liable in such cases if they can prove that they exercised the care required by their profession in supervising the animal, or that the damage would have occurred even with such care. This exception does not cover all working animals; dogs and horses kept for private enjoyment are excluded. The burden of proof for compliance with the duty of care lies with the animal keeper.
Does animal damage liability also apply during so-called “risk transfers”, such as events, exhibitions, or care by third parties?
During events, exhibitions, or care of an animal by third parties, there may be a transfer of keeper status or at least supervisory responsibility. In such cases, it must be individually examined whether the organizer, the temporary caretaker, or still the original animal keeper is liable. The decisive factor is who, according to the actual circumstances, has control over the animal and is responsible for its behavior. Mere participation in an event usually does not relieve the animal keeper of liability, unless the keeper has completely and temporarily assigned the power of disposal and control to a third party.
What limitation periods apply to claims under animal damage liability?
Claims arising from animal damage liability are generally subject to the general limitation periods of the German Civil Code, in particular the standard limitation period of three years (§ 195 BGB). The limitation period begins at the end of the year in which the injured party became aware of the damage and the person liable for compensation, or would have become aware without gross negligence (§ 199 BGB). In exceptional cases, for example in the event of serious personal injury, longer limitation periods may apply. It is recommended to assert claims for damages promptly in order not to lose any rights.
