My buddy has two cats. Over the weekend someone was visiting with a dog puppy. In the evening, the following situation was then:
A room in which a bed is available, and other furniture. Both cats are under the bed and generally known as the dominant creatures. The dog keeper sitting on the floor a few feet away from the bed and watched the puppy when scurrying. Then the dog is running slowly under the bed. A cat hisses and skin to. The dog was injured in the eye and now threatens to go blind.
Question: Who is responsible? The dog keeper threatened with legal action.
It all happened with my buddy at home, so in the area of two cats. Is not it gross negligence of the dog keeper to let the dog run under the bed, in spite of knowing that the dog entering the retreat of the cats in the area? Are cats anyway as not educable?
The best answer
principle applies to pet owners firstonce of §833 BGB
"If an animal a person is killed or injured, the body or health of a person or a thing damaged, so is he who keeps the animal, obliged to compensate the injured party for any damage arising therefrom. The obligation to pay compensation does not arise if the damage caused by a pet, which is intended to serve the profession of employment or the maintenance of the keeper, and either the farmer observed the necessary care in the supervision of the animal or the damage would have occurred even if said obligations. "
Whether the dog keeper makes a partial debt, a court would have to clarify. Zimelich stupid that your buddy has no private liability, especially if he has animals. It would then not only ask the question why the HH did not intervene, but also why the cat owner has not ensured that his animals are not hazardous (eg separation of animals)
From my non-legal point of view, the dog keeper's fault. The opinion of "John Doe" has the jurisprudence but not always necessarily what common
Guilt of the / the dog owner / in very clear!
If you let the dog to the refugee cats!
What are these doing otherwise? away They could not therefore counts the currency's attack is the best defense!
Trortzdem speedy recovery
I do not want to address the question of liability - this question would ultimately decide the court.
Your buddy certainly has but a PHV - it is considered the holding of pets - especially cats - insured. He should report the incident to its insurance. The care professional of the rest. Either rejects this a unbegrpündeten compensation claim from or she comes for the damage on.
And once again the animal for the stupidity of man must suffer.
The dog keeper may long threatened with legal action. Why did she let the dog to the (foreign) cats. She is a keeper for the actions of their dog, especially in an unfamiliar environment, responsible.
It should be well known that cats fear of strangers (dogs) can have and unfamiliar situations and defend themselves.
in my eyes, the dog owner has made the mistake. the just cats claw very dangerous for dogs eyes may be, you should know that. the cat had indeed pulled back.
I think with that comes the dog keeper is not far! That was gross negligence of her! My personal opinion!
I'd saw the cats and so with their owner's fault http://www.gesetze-im-internet.de/bgb/__833.html
this is clearly the fault of the dog owner ... she has her protect animal