Who is liable if my pet causes damage?
December 20, 2023 | 40,00 EUR | answered by Ingo Gallenberg
Dear Insurance Lawyer,
I am contacting you with a question regarding liability if my pet causes damage. I own a dog who recently caused an accident in which a cyclist was injured. I am concerned about the financial consequences of this incident and wonder if I, as the dog's owner, can be held liable for the damage caused.
Background information: My dog is usually well-behaved and has never caused such an incident before. He was off-leash in the park when he suddenly ran towards the cyclist and knocked him over. The cyclist had to be taken to the hospital and sustained injuries requiring medical treatment.
My concern is that I, as the dog's owner, may be responsible for the cyclist's medical expenses and any potential compensation claims. I have taken out liability insurance for my dog, but I am unsure if it covers the damage caused.
Therefore, my question to you is: Who is liable in this case when my pet has caused damage? Are there any specific insurances or regulations that can protect me as the owner? What steps should I take next to clarify the situation and avoid potential financial burdens?
Thank you in advance for your help and advice on this matter.
Sincerely,
Gerda Tiefbach
Dear Mrs. Tiefbach,
Thank you for your inquiry regarding liability if your pet causes damage. In the case where your dog has injured a cyclist, there are various legal aspects to consider. As the owner of a pet, you are generally required under § 833 of the German Civil Code (BGB) to compensate for the damage caused by your animal. This is known as animal owner liability.
However, in your case, there is a possibility that your pet liability insurance may cover the damages. Typically, pet liability insurance is designed to cover such damages. It is important for you to check if your insurance policy includes such coverage and to what extent the costs will be covered.
It is advisable to contact your insurance as soon as possible and report the incident. You should provide all relevant information, such as the exact sequence of events, the cyclist's personal information, and any potential witnesses. Your insurance will then assess whether the damage is covered and what steps need to be taken.
There is also the option to take out a special pet liability insurance policy that offers additional protection. Depending on the provider and contract, this insurance may include various benefits beyond regular liability insurance.
In terms of financial burdens, it is important for you to gather all documents and information to assert your claims. If you are unsure whether your insurance covers the damage, I recommend seeking advice from a lawyer specializing in insurance law who can assist you in this matter.
I hope this information is helpful to you and wish you success in resolving the case. If you have any further questions, please feel free to contact me.
Sincerely,
Ingo Gallenberg
