The assumption that pets are merely things has always led to debates in connection with compensation for damages. But as the role of pets in society has changed, courts have also changed their attitude towards animals. In Germany, the Animal Protection Act has been in force since 2013, which recognizes animals as living beings and promotes their protection – even in cases of damage.
This legislation entitles animals to greater protection and compensation if they are victims of negligence or violence. In the case of damage caused by animals, it is important to note that animals are not things and therefore must not be treated as things.
Are masters or mistresses liable for damage caused by their pet? What obligations do pet owners have and what rights do injured parties have?? In this article, we would like to address these and other questions and give you an overview of the legal situation in Germany.
Pets as a legal person: definition on damages
The question of whether pets should be classified as legal persons has long been an issue in the animal rights movement. This debate is usually about giving animals a higher level of legal protection. For example, it should become easier to report animal cruelty and give animal protection authorities more opportunities to act more effectively.
Another important question concerns the compensation for damages caused by a pet. Here, as a rule, the principle applies that pets are regarded as “property” Be considered and the owner is responsible for damages caused by his or her pet. However, there are certain situations in which the pet owner also suffers injustice and compensation for damages can be considered.
In this context, it is important to know that even in the case of claims for damages, pets are not usually considered “persons” are considered. This means that the amount of compensation depends on various factors, such as e.B. Of the nature of the damage, the severity of the injury or the circumstances of the incident.
- Pets cannot claim damages themselves, but the owner can do so.
- However, the liability of the owner is limited if he can prove that the animal acted without his fault.
- However, in the case of gross negligence or intent on the part of the owner, liability may be extended.
It remains to be seen that a legal classification of pets as a “person” is not possible with regard to claims for damages is not necessary. Existing rules on pet owner liability are sufficient and ensure that all parties are adequately considered when damages occur.
The importance of pets in society
Pets play an important role in society. they are not only loyal companions and friends, but also part of the family. Many people consider their pet as a member of the family and give them a lot of affection and love.
However, in the case of damage caused by a pet, the law of things no longer applies. According to the law, pets are not objects, but living beings with a will of their own. Thus they are to be treated legally differently than, for example, furniture or cars.
This also means that when claiming compensation for damage caused by a pet, the circumstances must be carefully examined. It must be determined whether the animal posed an identifiable danger and the owner fulfilled his or her obligations to keep the pet under control.
- Liability of the owner can only exist if he has violated his duty of supervision.
- In the case of an injury caused by a pet, it must also be examined whether the injury was caused by an action of the animal that is typical for the species.
- If the pet acts uncharacteristically against its will or for a reason unforeseeable by the owner, the owner can only exempt itself from liability if it proves that it took all necessary precautions to avoid the damage.
The importance of pets in society is great. In the legal consideration, however, their peculiarities and their own will should be taken into account. A close examination of the circumstances and a fair treatment for all parties involved is necessary here.
Pets are not things – Legal aspects in compensation for damages
When it comes to compensation for damages caused by pets, an important aspect is that they are treated differently from things. The Civil Code states that animals are not objects, but living beings with their own needs and feelings. This also has consequences for dealing with damage caused or suffered by pets.
In the context of compensation for damages, both direct and indirect costs must be taken into account. This includes not only veterinary costs and repair costs, but also compensation for the emotional damage suffered by the owner when his pet is seriously injured or killed. It is also important to note that for many people, a pet is like a family member and the loss of a beloved animal is as severe as the loss of a human being.
Another aspect is the question of liability for damages caused by pets. Here, the special conditions and regulations that apply to pets must be observed. For example, a dog owner may be liable for damage caused by his dog, even if he was not at fault in the incident. But other animals can also cause damage for which the owner can be held responsible.
- In summary, it can be said that pets are legally treated differently than things and the compensation of damages for pets must be structured accordingly.
- Not only financial damages, but also emotional damages must be taken into account.
- In addition, the question of liability for damage caused by pets must be clarified.
The importance of distinguishing between pets and property in damages
It can happen that pets are involved in damage cases. Be it an accident or an injury caused by a third party. In these cases, it is important to know that pets are not things and therefore must be treated differently.
In the German right the protection term “animal welfare” is valid for a long time already. This indicates that animals have a value of their own and may not be treated only as property of humans. This means that pets must be valued differently in the event of damage than normal property.
However, this does not mean that pets are automatically awarded higher damages. Rather, in each individual case, the circumstances and the individual damage of the animal must be taken into account. Because also here applies: Each case is different.
- However, it is important to know that pets are not simple goods. It is especially important to proceed carefully here and not simply assume property damage.
- The distinction between pets and property is also becoming increasingly important in other aspects such as inheritance or the tax treatment of animals.
- Insurance companies are also adapting and now explicitly include claims for damage caused by pets.
It remains important that pets are treated as separate beings even in damages. This is the only way to achieve fair and adequate compensation in the event of a claim.
The role of pets in the legal system
Pets play an increasingly important role in the legal system. They used to be considered simply things to be replaced when lost or damaged. But courts have now recognized that pets are more than just objects. They are living beings with their own value and needs.
Therefore, even in damages, pets are not things. If a dog or cat suffers damage due to the misconduct of a person, the damage must be compensated in reasonable proportion to the value of the animal. This also takes into account what costs may be incurred in the future as a result of the incident.
- An example: a car hits a dog and seriously injures it. The veterinary costs amount to about 5.000 euros. The dog was a purebred golden retriever with a value of ca. 1.500 euros. Here, damages would be 6.500 euros would be appropriate to compensate for the damages suffered by the dog’s owner.
Of course, not all cases are so clear. It can be difficult to determine the value of a pet and estimate the future damages. Here it is important that courts and lawyers are trained and have sufficient experience in pet cases.
But one thing is certain: pets are playing an increasingly important role in the legal system, and their importance will continue to grow, as for many people they are an important part of family life.
