(N) Liability insurance? So pet owners are liable in the event of damage

Animal owners have to exercise a special duty of care and are liable in the event of damage. But not always, because proof of exoneration applies. Courts also decide in individual cases whether the animal owner is liable or not. 

Who is considered a pet owner?

An animal keeper is not always automatically only the owner of the animal, but also the person who actually has control over the animal and who is therefore able to prevent the animal from possibly damaging behavior. This means that by law the owner of the animal is considered to be the person who can determine where and how the animal is kept, how it is treated and who has an economic or personal benefit from the animal. Married couples can be joint pet owners, even in a shared flat several people can be considered as pet owners. A community of owners is jointly and severally liable, so that an injured person can claim compensation for the damage from each individual owner.

Accidents happen quickly

No question about it, an accident can happen quickly. The horse that breaks out of the paddock and runs onto the street may injure a driver so badly that he will henceforth be considered an invalid. The dog that is not kept on a leash bites another animal and seriously injures it. The cat scratches the neighbor's car door? these and many other examples from everyday animal husbandry can be listed here. However, liability must be considered in detail.

If the horse owner can prove from the first example that the horse was safely kept in the paddock, but would have broken out in any case through panic because cows came running to the pasture, he is not liable. The dog owner, however, who has not kept his animal on a leash as prescribed, must very well be liable for the damage that the dog has caused. Even if another animal might have struggled and seriously injured the attacker? the owner of the attacking dog must nevertheless be liable and bear the costs of treating his dog himself. This accident could have been prevented with sufficient education and the mandatory use of a leash.
But the example of the cat shows that the pet owner cannot be held liable. The courts argue here that a cat is difficult to train, and consequently it cannot be prevented from sharpening its claws on the neighbour's car while it is running free. Anyone who does not have liability insurance that integrates such damage should pay for the damage in the interests of good neighborliness.

Pet owners and liability insurance

Even if dog owners now have to take out liability insurance, this does not apply to owners of other animal species. However, it is recommended to take out appropriate insurance or to inquire about private liability insurance whether and to what extent damage caused by pets can be covered. It is important that certain risks are not simply ruled out because they are often risks that are often present. It is not uncommon for horse owners' liability to cover the riding of strange horses. If the insurance company makes a commitment to cover a risk, this commitment should be in writing.

In addition, it is important to have sufficient coverage, both in terms of amount and geographical validity. If you take your dog with you on vacation, you should also be adequately insured there!
tip: If you don't own an animal yourself, but go for a walk with your neighbor's dog, you should definitely check with your insurance company to see if this is insured. Because here the regularity of the activity can lead to the person in question being considered an animal owner.

Conclusion: it is essential that pets have liability insurance!

Pets can cause great damage and should therefore be adequately insured. However, it is important not only to ensure that insurance is available, but also to take out sufficient coverage and not have any important exclusions. This can be expensive in an emergency, because the pet owner is liable with his entire income and assets and, if necessary, for life!

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