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Animal owner liability is a non-contractual liability and is regulated in Art. 56 CO. Animal owner liability is briefly described below.
If you need further information on the subject of animal owner liability, we have lawyers in St. Gallen, Zurich and Frauenfeld who are happy to consult you on the matter.
The pet owner is liable for damage caused to third parties by their pet. However, liability only applies if the pet owner cannot prove that they either exercised the care required by the circumstances when supervising the pet and in their custody, or that the damage that occurred would also have occurred if the necessary care had been exercised.
The liability requirements of animal owner liability are: the existence of damage caused by the behavior of an animal, causal connection between the damage occurred and the behavior of the animal, illegality and the existence of an animal owner relationship.
An animal owner is the person who exercises the power of disposal over the animal or makes use of the animal. The power of disposal is held by the person who, for example, pays for the maintenance of the animal and determines the use of the animal. The person who possess the animal is considered the owner of the animal. An ownership position is not necessary to further clarify. If several persons act as animal keepers over the same animal, they are jointly liable.
The damage, which occurred due to the behavior of the animal, must be derivable to a typical danger, which emanates from an animal. Such danger includes hitting, biting or scratching the animal. An animal danger is not recognised if the animal owner uses their pet as an instrument to harm third parties. In such a case, the liability for fault pursuant to Art. 41 CO is applicable.
The owner of the animal may be exempted from liability by proving that the damage would also have occurred if due care had been exercised or that the pet owner effectively exercised such care. Due care includes the safekeeping, supervision and treatment of the animal.
The animal owner has a right of recourse. This can be asserted if the own animal was irritated by a third party or by a foreign animal and damage occurred as a result.