A dog is not dangerous if the defense behavior is appropriate to the species
Mainz. The Mainz Administrative Court has granted the urgent application of a dog owner whose dog had been classified as “dangerous” by a municipality. The reason for classifying the dog as “dangerous” under the state Dangerous Dogs Act was a biting incident that occurred at a family gathering. The dog bit a person's lip, requiring surgery.
The court granted the dog owner's request. It did take into account that the dog had bitten the injured party and thereby seriously injured her in an extremely sensitive area. However, the injured party's behavior presumably provoked the dog to bite. It is undisputed between those involved that the injured party held the dog's head with both hands and held her face directly in front of the dog's face in order to possibly kiss it. In this respect, it corresponded to species-appropriate defense and defense behavior that the dog wanted to free itself from the restrictive and invasive or threatening situation towards a person it did not know. In addition, the injured party was an adult who could be expected to treat a dog in a species-appropriate manner. In view of the fact that no further biting incidents were known and there were no other indications that the dog was bitten, it cannot currently be assumed that the dog is dangerous.
The decision is legally binding.
(Mainz Administrative Court, decision of September 8, 2026, no. 1 L 534/26.MZ)
Legal background:
According to the state law on dangerous dogs, certain dog breeds also apply (such as American Staffordshire Terriers and Staffordshire Bull Terriers) Dogs that have proven to be vicious are particularly dangerous. Under certain circumstances, this can already be the case in a single biting incident. Anyone who wants to keep a dangerous dog needs an official permit and must meet certain requirements: Among other things, they must be 18 years old, have the necessary expertise, have special liability insurance and may only walk the dog on a leash and with a muzzle.
Source: Mainz Administrative Court
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