Animal owner liability
As a pet owner liability a special form which is strict liability designated after the German law of obligations of pet owners in principle for the damage to incur liability, which the animal inflicts. The liability according to § 833 sentence 1 BGB applies expressly even if the owner is not at fault. The owner property is defined - regardless of ownership - according to the physical control of the animal and one's own interest in the use or society of the animal. This strict liability is due to the specific animal hazard that occurs when the animal reacts unpredictably.
The possibility of exculpation exists if the damage is caused by a pet that is intended to serve the occupation, gainful employment or maintenance of the animal owner and either the animal owner observes the care required in traffic while supervising the animal or the damage as well would have arisen if this care were applied ( § 833 sentence 2 BGB). The animals that are not farm animals within the meaning of sentence 2 § 833 are referred to as luxury animals . Thus, liability applies to luxury animals (only) regardless of fault as strict liability. Police dogs and horses as well as guide dogs for the blind are not luxury animals, but farm animals in the sense of animal owner liability .
According to the legal regulation of § 833 BGB, liability is not limited in terms of amount. A limitation of liability can, however, be contractually agreed in whole or in part. An animal owner's liability insurance can be taken out against the financial consequences of liability .
The provisions of contributory negligence according to § 254 BGB can be applied as a general legal concept to claims from § 833 BGB. This is relevant, for example, in cases of fights between two dogs in which one of the owners is injured.
Animal Overseer Liability
The animal overseer , i.e. the one who takes over the supervision of an animal of an animal owner by contract, is liable to the same extent as the animal owner himself ( § 834 BGB).
literature
- Dieter Werkmüller : Animal owner liability . In: Adalbert Erler , Ekkehard Kaufmann , Dieter Werkmüller (Hrsg.): Concise dictionary on German legal history . 1st edition. tape 5 . Erich Schmidt, Berlin 1998, Sp. 231-237 .
- Regine Schmalhorst: The animal owner liability in the BGB of 1896 (= legal history series ). Lang, Frankfurt am Main / Berlin / Bern / Vienna 2002, ISBN 3-631-39197-8 .
- Reinhart Geigel, Robert Geigel, Erwin Abele: The liability process . 25th edition. CH Beck, Munich 2008, ISBN 978-3-406-56392-8 , chap. 18: Liability of the animal keeper (§ 833 BGB) and the animal overseer (§ 834 BGB) .
- Alexander Werner: Animal owner liability, the Imperial Court and the goat in the petting zoo . In: NJW . No. 15 , 2012, p. 1049 .
Web links
Individual evidence
- ↑ BGH, judgment of February 14, 2017 - VI ZR 434/15
- ↑ Dietmar O. Reich, Peter Schmitz: Introduction to civil law: Basics of the BGB - general part - general law of obligations - special law of obligations - property law; with practical cases. Springer, 2000, ISBN 978-3-409-32226-3 , p. 337.
- ^ Volker Emmerich: BGB law of obligations, special part. Hüthig Jehle Rehm, 2012, ISBN 978-3-8114-9888-4 , p. 341.
