Every now and then there are appointments that your four-legged friend cannot attend. Many bring the animal to a friend or even a friend for this time professional dog sitter. But what happens if the dog while he in the care of the dog sitter is, one damage to third parties caused? Who pays if, for example, a cyclist falls and is injured because of the dog's fault? The animal protection organization TASSO eV gave answers to liability questions in Germany when it comes to dog sitting in a press release.
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In any case, the dog owner is liable according to Section 833 Sentence 1 BGB, regardless of the fact that he was not there and could not prevent the incident.
said the person working for TASSO Attorney Ann-Kathrin Fries. Whether in addition to the holder also the Dog sitters are liable depends on whether the dog sitting was a favor or whether there was a contract.
Dog sitting with contract or as a favor
This distinction can sometimes be difficult in individual cases. But it is crucial. Because, was a contract between owner and sitter closed, the dog sitter also has to liable for any damage caused and possibly a Pay compensation. Such an agreement can also be concluded verbally, but for professional pet sitters it is better to put the regulations in writing for evidentiary purposes.
Where does a contract begin and where does the favor end? According to lawyer Ann-Kathrin Fries, the decisive factor for the distinction is whether there was a desire to be legally bound and whether something in return was agreed. If the dog owner pays the guardian or provides some other consideration, this is a contracted dog sitting. This can be the case, for example, when two dog owners meet regularly alternate at fixed times with the respective care of the two dogs.
§834 of the Civil Code (BGB) regulates that anyone who takes over the management and supervision of an animal for another through a contract is also responsible for the damage caused to a third party.
Professional dog sitters therefore usually have one commercial liability insurance. If your best friend only occasionally looks after the dog for free for a few hours out of kindness, according to the lawyer, this is a dog favor. If something happens, it takes over Owner’s liability insurance the costs for damages caused if the care by third parties is included in the specific contract. Then the friend – alongside the owner – would only be liable if she acted with gross negligence or intent.
Liability insurance should cover occasional dog herding by strangers
To be on the safe side, dog owners should make sure that their… Liability insurance including occasional dog herding by strangers. Since damage can quickly occur at enormous heights, you should definitely use one high insurance sum be respected and . She advises checking the insurance documents and professional dog sitting insist that a contract be presented.
Source: Tasso eV