Liability for Animal-Related Damage: Concept and Significance
Die Liability for Animal-Related Damage is a term from civil law that describes the responsibility and resulting liability of a person for damages caused by animals. In most legal systems, liability for animal-related damage is especially governed under what is known as the owner’s liability for animals. In German law, the relevant provisions can primarily be found in the German Civil Code (BGB), specifically in Section 833 BGB. The purpose of this legal liability is particularly to protect injured third parties from the often unpredictable dangers associated with keeping animals.
Legal Foundations of Liability for Animal-Related Damage in Germany
Legal Basis for Liability under Section 833 BGB
The legal foundation for liability for animal-related damage is Section 833 BGB (“Liability of the animal owner”). Accordingly, the owner of an animal is liable if the animal exhibits unlawful behavior and thereby causes damage. It is sufficient if the so-called “typical animal behavior” occurs, meaning actions or movements motivated by the animal’s own will and not foreseeable or controllable by the owner.
Wording of Section 833 BGB (Excerpt):
“If an animal kills or injures a person or damages property, the person who keeps the animal is obliged to compensate the injured party for the resulting damage.”
Distinction: Pets and Livestock
Under German law, liability for animal-related damage distinguishes between liability for luxury animals (pets not used for professional purposes, e.g., dogs or cats) und livestock (animals serving the business activity of the keeper, e.g., working horses, cattle in agriculture).
Luxury Animals
With luxury animals, pure strict liability applies. This means that the owner is liable for all damages caused by the animal, regardless of personal fault, as long as the typical risk associated with animal keeping has materialized.
Livestock
For livestock, the owner is generally only liable if they are at fault. Exceptions exist in cases where exonerating evidence can be provided (Section 833 Sentence 2 BGB). If the owner demonstrably exercised the required diligence or if damage could not have been prevented even with such diligence, liability lapses.
Requirements for Liability for Animal-Related Damage
Animal Owner Status
A person is considered the animal owner if they exercise actual control over the animal, provide for its care, and thereby bear economic responsibility. The status as owner is regularly determined independently of legal ownership of the animal.
Damage
The damage that has occurred must have been caused by the animal’s behavior. This includes both personal injury (death, bodily harm) and property damage (damage to or destruction of objects).
Causality
There must be an adequate causal connection between the animal’s behavior and the damage incurred. This is the case if the typical risk of keeping animals has materialized.
No Grounds for Exclusion
Liability does not apply if there is a legal ground for exclusion, e.g., where the injured party voluntarily and knowingly accepted the risk of animal-related damage (such as animal caretakers) or in cases of force majeure.
Distinction: Liability of Animal Caretakers
In addition to owner’s liability, German law also recognizes liability of animal caretakers (Section 834 BGB). Here, liability applies not to the owner but to a designated person who temporarily assumes responsible care of the animal (e.g., dog sitters or stable helpers). Here too, the prerequisite is that the damage results from the animal’s behavior.
Particularities of Liability for Animal-Related Damage
Exclusion of Liability and Contributory Negligence
The animal owner has defenses against the injured party. These include especially the injured party’s own fault or contributory negligence (§ 254 BGB). In such cases, the duty to compensate can be reduced or may be eliminated entirely.
Liability of Multiple Parties
If multiple animal owners are involved (e.g., when several dogs come together), joint and several liability may arise (§ 840 BGB). The quota of liability can be allocated among those involved according to the circumstances of the individual case.
Insurance Aspects
In practice, liability for animal-related damage is especially important in connection with taking out liability insurance. While liability insurance is legally required for certain animal species (such as dogs, and horses in some federal states), a voluntary liability insurance policy can be purchased for other animals. In the event of a claim, the insurer covers legitimate claims and defends against unfounded claims.
International Comparison of Liability for Animal-Related Damage
Comparable regulations for liability for animal-related damage exist in many European countries. While the German provision is considered particularly strict in international comparison (strict liability for luxury animals), other legal systems more explicitly require fault on the part of the animal keeper or differentiate according to the type of pet and aggravating circumstances.
Practical Examples
Dog Owner
A dog breaks away from its leash and causes a traffic accident. In this case, the dog owner is generally liable under Section 833 BGB regardless of any personal fault, since the typical risk posed by the animal 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 damages unless mistakes or contributory negligence on the part of the injured party serve as an exoneration.
Summary
Liability for animal-related damage in Germany is governed by a specific tort provision in the German Civil Code. It is intended to protect parties harmed by the risks of keeping animals, regardless of whether the owner is personally at fault (strict liability for luxury animals, fault-based liability for livestock). To defend against liability claims effectively and minimize financial risks, taking out liability insurance is advisable. Liability for animal-related damage represents an important pillar in German tort law and ensures a balanced distribution of risk between animal owners and injured third parties.
Frequently Asked Questions
Who is liable if an animal causes damage?
Under liability for animal-related damage, the German Civil Code (BGB) stipulates that, as a rule, the owner of an animal is liable for damages caused by their animal (Section 833 BGB). Liability is independent of fault, meaning the animal owner must generally be held liable for damages caused by the animal even when they themselves are not at fault. This so-called strict liability is based on the principle that keeping animals constitutes an abstract danger, since animals are by their nature unpredictable and can cause damage. It is irrelevant whether the animal caused the damage intentionally or unintentionally. For certain types of animals, particularly livestock, liability may be excluded in certain circumstances pursuant to Section 833 Sentence 2 BGB, especially if the owner proves they have met their duty of care—nevertheless, liability is generally the rule.
Does the injured party have to accept contributory negligence?
Contributory negligence of the injured party can reduce or exclude the animal owner’s liability in accordance with Section 254 BGB. This can apply, for example, if the injured party has contributed to the damage at least in part by their own behavior, such as provocative behavior towards the animal, gross negligence, or failure to heed warnings. In such a case, liability apportionment will assess the extent to which the resulting damage should be attributed to the animal owner and the injured party, respectively. The reduction is made according to the degree of each party’s fault. In practice, this is often relevant in cases of animal bites or accidents between animals and humans in road traffic.
Does liability for animal-related damage also apply to animal caretakers or only to the owner?
Liability for animal-related damage is aimed primarily at the animal owner. However, the so-called animal caretaker can also be liable under Section 834 BGB. An animal caretaker is one who takes on the care of an animal with the owner’s knowledge and consent, whether professionally, as a volunteer, or as a favor (e.g., dog sitters, stable staff, veterinarians while in charge of the animal). However, animal caretakers are not liable irrespective of fault—they are only liable in cases of their own fault, i.e., if they breach their supervision duties. If the animal caretaker is also the owner, parallel or alternative liability may arise.
What types of damage are covered by liability for animal-related damage?
The liability of the animal owner covers both property damage and personal injury caused by the animal. This includes injury to persons, destruction or damage to objects, and potentially financial losses connected to the incident. Consequential damages such as loss of earnings, medical treatment costs, and compensation for pain and suffering may also be covered. Pure financial losses without any connection to personal injury or property damage are not included. The relevant compensation claims must be determined individually in accordance with the law of damages.
Are there particular liability exemptions for livestock?
In the case of livestock serving the owner’s occupation, business activity, or livelihood (e.g., agricultural draft animals, sheepdogs), the law provides for an exemption under Section 833 Sentence 2 BGB. In such cases, the animal owner is not liable if they prove that they exercised the degree of supervision required in the circumstances or that the damage would have occurred even with such care. This exception does not apply to all livestock; dogs and horses kept for personal enjoyment are not included. The burden of proof for compliance with the duty of care rests with the animal owner.
Does liability for animal-related damage also apply in cases of so-called “transfer of risk” such as at events, exhibitions, or third-party care?
At events, exhibitions, or when an animal is cared for by third parties, there may be a shift in ownership status or at least in supervisory responsibility. In such cases, it must be determined on an individual basis whether the organizer, the temporary caretaker, or still the original owner is liable. What is decisive is who actually has control over the animal and is responsible for its behavior. Mere participation in an event does not normally relieve the owner of liability unless the owner has completely and temporarily transferred control and oversight to a third party.
What are the limitation periods for claims arising from liability for animal-related damage?
Claims arising from liability for animal-related damage generally follow the standard limitation periods of the German Civil Code, in particular the regular limitation period of three years (§ 195 BGB). The limitation period begins at the end of the year in which the injured party becomes aware or should become aware, without gross negligence, of the damage and the identity of the liable party (§ 199 BGB). In exceptional cases, such as serious personal injury, longer limitation periods may apply. It is advisable to assert compensation claims without delay to avoid forfeiting rights.
