Social court finds work-related accident involving volunteer “walker” for animal shelter.
Oldenburg. In its judgment of May 7, 2025 on file number S 73 U 162/21, the Oldenburg Social Court found an industrial accident to the detriment of the responsible professional association in the case of a volunteer dog walker at an animal shelter association. The dog walker and temporary auditor for the animal shelter association slipped on a trail while walking a dog housed at the animal shelter and suffered a Weber C ankle fracture. The responsible professional association refused to recognize it as an accident at work on the grounds that the voluntary walking of the dog was not an employee-like activity.
The Oldenburg Social Court overturned the professional association's decision on the grounds that all the characteristics of a dependent employment relationship were met in the plaintiff's case. Walking the dogs has economic value for the animal shelter and corresponds to the wishes of the entrepreneur. Membership in an unincorporated association does not preclude the establishment of an employment relationship. Walking the dog is not a club obligation; this is determined by the animal shelter's statutes. Rather, this activity goes far beyond this and cannot be justified by aspects of animal welfare. Finally, the scope of the activity should not be assessed as small, as the dog was walked several times a week. The plaintiff was subject to the association's instructions because the dogs were not freely available to her and, for example, she was only allowed to pick them up at fixed times (Oldenburg Social Court, Ref.: S 73 U 162/21).