Animals – dog attacks cat, owner slips – damages – knowledge

Frankfurt/Munich (dpa/tmn) – If animals fight and one of the owners is injured, the owner of the attacking animal is liable. Even if the circumstances are unfortunate. This was decided by the higher regional court in Frankfurt am Main in a judgment (Az.: 4 U 249/21), to which the General German Automobile Club (ADAC) refers.

In this specific case, a cat owner shoveled snow in her garden. Then the neighbor’s dog attacked the woman’s cat on her property. The cat owner ran towards the animals with the broom to separate them. She fell and seriously injured herself.

Dispute over compensation

The cat owner subsequently demanded damages and pain and suffering from the dog owner. He refused on the grounds that the injury had not been inflicted by his dog.

The Higher Regional Court of Frankfurt am Main agreed with the injured party. The defendant is liable according to the principles of the so-called animal danger (paragraph 833 BGB). Because the dog’s attack on the cat was the reason why the injured party felt compelled to act.

The verdict dates from January 18, 2023.

© dpa-infocom, dpa:230301-99-790015/3

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