Dog or horse: why liability is stricter

Stricter liability applies to dogs and horses: in principle, you are liable even if you are not at fault. That is precisely why personal liability policies exclude these animals.

Strict liability instead of fault-based liability

Under § 833 sentence 1 of the German Civil Code (BGB), the keeper of an animal is liable for damage it causes – regardless of whether they did anything wrong. This is what sets it apart from the rest of the law on damages, which generally requires fault. Sentence 2 of the provision makes an exception for working animals that serve the keeper’s profession, gainful employment or livelihood; for these, the keeper can avoid liability by proving they took the necessary care. A privately kept dog or a leisure horse does not fall into this category.

Why personal liability insurance does not cover this

Because liability for these animals is stricter and the potential damage greater, personal liability policies (Privathaftpflicht) regularly exclude dogs and horses. Cats and small animals, by contrast, are usually included. The type of damage is the reason: a dog running into traffic or a bolting horse can cause personal injuries with consequential costs stretching over decades. Separate pet owner’s liability insurance (Tierhalterhaftpflicht) is therefore not an extra but the actual cover.

• Dogs and horses usually excluded
• Cats and small animals usually included
• Personal injuries with long-term consequential costs
• Choose a correspondingly high sum insured

When cover is required by law

There is no nationwide obligation to have dog liability insurance. However, several federal states require it – some for all dogs, others only for certain breeds or above a specified size or weight. Because these rules are state law and change over time, we deliberately do not give a list of states here that could be wrong tomorrow. What counts is the dog law or dog regulation of your federal state; your local authority can give you a binding answer.