Animal keeper’s liability: who pays when an animal causes damage

In short: Anyone in Germany who keeps an animal is generally liable for damage the animal causes to others. In many cases this applies even if the keeper is not personally at fault.

In more detail: Animal keeper’s liability (Tierhalterhaftung) is set out in section 833 of the German Civil Code (BGB). For pets that are not used for work, strict liability applies, because animals can behave unpredictably.

In detail

• Who the keeper is: The keeper is the person who has the animal permanently for their own purposes and decides about it, usually the owner, not a neighbour who looks after it briefly.
• Liability without fault: If a dog bites, a horse breaks loose or an animal causes an accident, the keeper is liable for the damage even if they were careful.
• Working animals: For animals used for a profession, business or livelihood, for example on a farm, the keeper can avoid liability by proving that they took the necessary care.
• People supervising animals: Anyone who takes on the supervision of an animal by agreement, such as a dog sitter, can also be liable unless they prove they acted with due care.
• Contributory fault: If the injured person contributed to the damage, for example by provoking the animal, the claim may be reduced.
• Which damage: Both personal injury and damage to property are covered, for example medical costs, compensation for pain and suffering or a damaged bicycle.
• Insurance: There is special animal keeper’s liability insurance for dogs and horses; small pets such as cats are usually covered by personal liability insurance, which you should check in your policy.
• Rules of the federal states: Whether dog liability insurance, keeping dogs on a lead or registration is compulsory is regulated differently by the federal states and local authorities; ask your town or municipality.
• If damage occurs: Exchange names and contact details, document the damage with photos, report it to the insurer and, in a dispute, get advice from the Verbraucherzentrale (consumer advice centre) or a law firm (haftpflichtversicherung-und-die-wichtigsten-versicherungen, nachbarschaftsrecht-grundlagen).