My Dog ​​bit Someone. What Is My Responsibility?

First of all, it must be said that German legislation (and that of the vast majority of other countries) provides that the owner of a dog that has bitten a person or other animal must bear the physical and moral damage of the victim.  If your dog has bitten , you pay for him.

Therefore , a dog’s deeds and their consequences are the responsibility of its owner.  Of course, owners who comply with the regulations (including keeping the dog on a leash!) Have more chances of being acquitted in court. This means that the owner was lawfully walking his dog, even if the dog eventually bit.

The responsibility that comes with keeping animals is clearly defined. Every dog ​​owner is responsible for possible personal injury or property damage caused by their pet.

If there is insurance

If we have insurance, then the company will pay compensation  for the damage the animal has caused from its bite.

If a dog has attacked a person, they receive an agreed amount of money to compensate for the possible physical or total damage.  It also takes into account the potential psychological consequences of the incident with the dog that bitten. However, there should be a causal relationship between the dog attack and the problem. So you have to prove the damage through medical and psychological reports.

Exceptions and Mitigating Circumstances

However, there are a few exceptions in which the dog owner is absolved of his responsibility.

If we have given our dog good insurance, all of his vaccinations are valid, he has an adequate microchip and we walk him on the pavement on a leash, these measures are considered to be mitigating circumstances in the event of aggression against people. If the dog belongs to one of the breeds that have been classified as “potentially” dangerous, then it must also wear a muzzle.

In this case, the matter moves from criminal to civil law.

Exceptions

In the following cases, our legislation establishes some exceptions to the responsibility of a dog owner  who has bitten a person:

• If the victim has previously attacked or provoked the animal,  or if it is a burglar trying to break into the house, etc.
• Cases of force majeure.  This occurs when the dog escapes its home due to uncontrollable circumstances. This is about fire, earthquake, etc.

Potentially dangerous dogs that have bitten humans

If you own a dog of a breed that is “potentially” dangerous,  the number of obligations increases. This includes, for example, that you have insurance with a minimum coverage of 1 million euros for personal injury and 500,000 euros for property damage, muzzle your dog in public and use a non-extendable leash that is shorter than a meter. You will also need a certificate of physical fitness and psychological health.

That being said, it is compulsory to add the dog to your city council’s “Potentially Dangerous Breeds” register.

The dog breeds and mixes that are considered dangerous are:  Pit Bull Terrier, Staffordshire Bull Terrier, American Staffordshire Terrier, Rottweiler, Dogo Argentino, Fila Brasileiro, Tosa Inu, and Akita Inu.

The physical characteristics of the animal are also taken into account: strength, resilience and size. This does not apply to service and assistance dogs that have been trained in recognized centers. In addition, the strength of the muscles, the athletic shape of the dog, its agility, strength and resilience, a strong character and more are considered.

Dogs that show aggressive behavior, or that are known to have been aggressive towards humans or other animals,  are also considered to be “potentially dangerous”.