Originally published in 2022. This article is retained for historical reference. For the current framework, consult our animal law guides and 2026 briefing.
Absolute Liability
Animal liability is a so-called “Gefährdungshaftung” or absolute liability. This means that the animal keeper is liable for damages regardless of whether he has culpably caused the damage caused by his animal or not. He is generally liable for all damage caused by his animal and which can be traced back to a typical animal danger. “Typical animal hazards” are those behaviours of the animal which are naturally inherent in its species. Examples of this are the jumping and biting of a dog and the knocking out of horses. The law only provides for an exception to the far-reaching responsibility of the animal keeper if the animal causing the damage is a farm animal. An animal is considered a “farm animal” if it is used for professional purposes, for gainful employment and/or for the maintenance of the keeper. These can be cows of a farmer, but also horses of a riding stable operator and also guide dogs and police dogs. If damage is caused by farm animals, it is also assumed that the animal owner caused the damage and is liable for it. In contrast to the owner of a domestic animal (Luxustier), however, he can release himself from his liability by proving that he has taken the care required in trade with his animal or its husbandry or that the damage would have occurred if this care had been taken. As a result, it is advisable for every pet owner to consider a pet owner’s liability insurance policy tailored to his needs. This applies in particular to those who keep larger animals such as horses, dogs or cattle. The liability for domestic animals such as cats, birds or rabbi is usually covered by the private liability insurance. The appropriate insurance policy should be examined however by a lawyer. Do not risk!Practical supplement added 13 November 2026. The original article above retains its historical context. The following scenarios are hypothetical and are not additional findings of the court or events reported in that article.
Legal assessment and practical approach
Keeper liability requires analysis of animal risk, keeper status, loss and contributory responsibility. Ownership and keeping are not necessarily identical. A statutory defence may apply to qualifying working animals; it does not create a general negligence requirement for privately kept pets.
Four practical examples
These are hypothetical scenarios illustrating issues to assess. They do not describe actual client matters or promise a particular outcome.
Practical example 1
A dog runs into a cyclist who falls. Injury caused by an animal does not require a bite. Record witnesses, the location and riding behaviour to assess causation and possible contributory responsibility.
Practical example 2
A rider sharing use of a horse is thrown off. Consider the agreement, actual keeping arrangements and accident separately. Voluntarily riding a horse does not automatically amount to a complete waiver of liability.
Practical example 3
Escaped cattle damage a parked car. Establish which animals were involved, fencing conditions and their commercial purpose. Inspection records and fence condition may be decisive for any statutory defence.
Practical example 4
Several dogs become involved in an incident and an owner is injured. Reconstruct involvement and sequence carefully. Responsibility cannot be allocated solely by identifying which dog barked first.
Prepare the relevant evidence
Provide complete documents and a concise chronology. Distinguish your observations from statements by others and unresolved questions. Include attachments, evidence of service and deadlines with official notices and correspondence. Preserve original files, images and message histories unchanged; an organised working copy assists review.
Legal sources: § 833 BGB