I. German Animal Law (Tierrecht in Deutschland)
1. Legal Status of Animals in Germany
In Germany, animals are legally distinct from objects but are still not considered legal persons. According to § 90a BGB, animals have a special legal status:
“Animals are not things. They are protected by special laws. Unless otherwise specified, the regulations that apply to things shall apply to them accordingly.”
This means that while animals are protected under special legislation, they can still be treated similarly to property in contractual and liability matters.
2. Key Animal Protection Laws
The main legal framework governing animal welfare in Germany includes:
- Tierschutzgesetz (TierSchG) – Animal Welfare Act
- Ensures that animals are not subjected to unnecessary suffering.
- Defines obligations for animal keepers, veterinarians, and authorities.
- Criminalizes acts of cruelty against animals (§ 17 TierSchG).
- Tierschutz-Hundeverordnung (TierSchHuV) – Dog Welfare Ordinance
- Sets rules for the proper keeping, training, and handling of dogs.
- EU Regulations on Animal Welfare
- Impact transport, slaughter, and farming practices.
3. Example Cases & Rulings in Animal Law
- BVerwG, Urteil vom 23.11.2016 (6 C 11.15): The Federal Administrative Court ruled that male chick culling in the poultry industry violated the Animal Welfare Act but allowed it temporarily due to economic reasons.
- BGH, Urteil vom 20.03.2012 (VI ZR 114/11): The Federal Court of Justice ruled that a dog owner had to compensate a woman injured when his dog jumped on her, even though the owner had taken reasonable precautions.
II. Animal Owner Liability (Tierhalterhaftung)
1. General Principles: Strict Liability (§ 833 BGB)
In Germany, animal owners are strictly liable for damages caused by their animals, even if they were not at fault. This is codified in § 833 BGB:
“If a human is killed or the body or health of a person is injured, or if property is damaged by an animal, the keeper of the animal is liable for damages, unless the damage was caused by an act of force majeure.”
Types of liability:
- Strict liability for non-working animals (e.g., pets like dogs, cats, horses).
- Limited liability for working animals (e.g., farm animals, police dogs).
2. Key Court Rulings on Animal Owner Liability
- BGH, Urteil vom 30.10.2018 (VI ZR 150/18): A horse owner was held liable after his horse suddenly bolted and injured a passerby. The court ruled that strict liability applied even if the owner had exercised caution.
- OLG Hamm, Urteil vom 15.12.2014 (I-6 U 187/12): A dog owner had to compensate a cyclist who fell because the dog unexpectedly ran onto the road.
3. Defenses and Reduction of Liability
- Contributory negligence (§ 254 BGB): If the injured party contributed to the incident (e.g., provoking an animal), liability can be reduced.
- Force majeure (höhere Gewalt): If the event was completely unforeseeable, the owner may not be liable.
III. Veterinary Law (Tierarztrecht in Deutschland)
1. Legal Obligations of Veterinarians
Veterinarians in Germany must comply with:
- Tierärztegesetz (TÄG) – Veterinary Act
- Berufsordnung der Tierärzte – Professional Code of Conduct
- Tierschutzgesetz – Animal Welfare Act
Duties include:
- Proper treatment and diagnostics.
- Informing owners about risks and treatment options.
- Compliance with hygiene and medication regulations.
2. Liability of Veterinarians
Veterinarians can be held liable under contractual liability (§§ 280, 611 BGB) or tort law (§ 823 BGB) if they commit malpractice.
Key Court Rulings on Veterinary Liability
- OLG Hamm, Urteil vom 14.03.2018 (I-12 U 170/16): A veterinarian was liable for failing to diagnose a horse’s tendon injury correctly, leading to permanent damage.
- BGH, Urteil vom 22.06.1993 (VI ZR 172/92): A veterinarian had to compensate an owner after a dog died due to an incorrectly dosed anesthesia.
3. Common Veterinary Disputes
- Incorrect medical treatments.
- Failure to warn about risks.
- Liability for surgical errors.
IV. What Animal Law Specialists (Tierrechtler) Do
Animal law specialists (Tierrechtler) deal with various legal issues concerning animals, including:
1. Representation in Disputes
- Defending pet owners in liability cases.
- Representing veterinarians in malpractice lawsuits.
- Advising on damages claims for injured animals.
2. Advising on Animal Welfare Regulations
- Assisting companies with compliance (e.g., farming, pet businesses).
- Handling administrative law issues (e.g., bans on animal keeping).
3. Criminal Defense in Animal Welfare Cases
- Defending against accusations of animal cruelty (§ 17 TierSchG).
- Representing animal rights activists in legal disputes.
4. Contract Law & Business Advisory
- Drafting contracts for animal purchases and sales.
- Advising on liability risks in equestrian sports and pet businesses.
5. Legal Advocacy & Policy Work
- Working with NGOs on animal rights cases.
- Influencing policy changes in animal protection laws.
Conclusion
German animal law is a complex field that balances animal welfare, owner liability, and veterinary responsibilities. Strict liability for animal owners, professional obligations for veterinarians, and criminal animal welfare regulations shape this legal landscape. Animal law specialists play a key role in advising, defending, and shaping animal-related legal matters.