Barking at the garden fence

The Higher Regional Court in Celle ruled that dog owners must be held liable for the “wrong” behaviour of their pet at the garden fence. A dog frightened an old lady passing the garden fence with a loud bark. He ran towards the fence and jumped up. The woman fell, so she had to go to hospital. Her claim for damages was upheld, even if the dog did not attack the woman directly. Reason: the woman was injured by the behaviour of the animal. She got scared by the sudden jumping up and barking of the dog in the immediate vicinity. The damage was thus caused by the unpredictable behaviour typical of the animal.

OLG Celle, 10.09.1997, Aktenzeichen: 20 U 49/96

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