Guten Gav! What Happens If a Dog Attacks You in Germany

"Dogs have never bitten me. Only people."

Marilyn Monroe

The German writer and playwright Carl Zuckmayer once said: "Life without a dog is a mistake," while Frederick the Great, King of Prussia, is credited with the phrase: "The more I get to know people, the more I like my dog." Otto von Bismarck was a great dog lover throughout his life. The first chancellor of the German Empire's Great Dane was known as the "Reichshund" — literally "the Empire's dog." Breeds such as the pug, the Spitz and the poodle began to grow in popularity in German society in the 18th century. Germans later gained the freedom to keep dogs as they pleased following the democratisation that came after the 1848 revolution. Since then, keeping a dog has become increasingly fashionable, as people often used them in public life as part of their image.

It's fair to say that Germans take these pets very seriously and love them dearly. As the German saying goes, "Wer mich liebt, der liebt auch meinen Hund" — "Whoever loves me, loves my dog too." Although the point of the phrase is to accept someone as they are, it can also be taken quite literally in a country that many, not without reason, consider "ein Land, das Hunde liebt" — a country that loves dogs.

Even so, Germany wouldn't be Germany if such an important matter as keeping a pet weren't subject to strict regulation. First, you cannot keep an animal in an apartment building if most of the neighbours object. You are also required to have your dog chipped, obtain a pet passport, keep up with vaccinations, and pay a dog tax. The amount of the tax varies from one federal state to another and is paid quarterly. Mandatory expenses also include pet insurance. Registering animals in Germany is, of course, not just another way for the state to fill its coffers — it is also a genuinely useful procedure should the pet ever get lost. When registered, the dog's collar is engraved with a special number, which can also be tattooed on the pet's ear or read from its chip. Equipment for reading chip data, along with a database of all registered animals — complete with their file, photo, and the owner's contact details — is available at every veterinary clinic and animal shelter. So an owner is notified immediately if their pet is found or reported missing. "Lessons in love" is perhaps the best way to describe Tierschutzunterricht — animal protection lessons that were introduced into the school curriculum around 20 years ago. They not only teach children to love and respect the rights of our fellow creatures but also raise their level of awareness and responsibility. After all, it's often children's wishes that lead many German families to welcome a four-legged member. Schoolchildren are not only told why the rule "we are responsible for those we have tamed" applies and why it must be followed, but are also taught how to properly care for pets.

In most German cities, dogs may not be let off the leash in certain places. This rule applies not only in shops but also on public transport, on the grounds of hospitals, kindergartens, schools and universities, at public festivals and other places where large crowds gather, and in green spaces. In some regions, dogs must be kept on a leash at certain times of day even in rural areas, so as not to disturb wildlife. Breaching any of these rules can lead to a substantial fine. Indeed, it is a widely held view among Germans that dogs should be walked on a leash at all times.

Of course, even in a country like Germany, where laws and rules are held sacred and observed by its citizens from early childhood, curious incidents can still happen that run counter to established norms. In this article, we'll share one such rather amusing case from our legal practice.

A young woman came to us for a consultation — let's call her Olga — who found herself in an awkward situation through an unfortunate set of circumstances. She had moved to Germany from Russia with her parents as a teenager, attended a German Gymnasium, and later enrolled at university. Alongside her studies, she found a decent part-time job at a travel agency. Her loving parents also supported her in everything she did. When Olga turned 20, she decided to start living independently and moved out into a small flat she shared with a university friend. Having always dreamed of having a dog but never having had one because of her younger brother's allergy, she finally decided to fulfil her dream and got a snow-white lapdog named Gloria, known for her playful and mischievous nature. Olga had to walk her beloved pet very early in the morning so that she'd have time to get ready and make it to university on time. There was a large lawn in front of Olga's building, where she walked Gloria every day. Since this morning walk usually took place around six a.m., when few people were out and about, Olga would occasionally let the dog off the leash so she could run around and play a bit. One day, during one of these walks, Gloria was running around the lawn as usual while Olga, listening to music through her headphones, was lost in her own thoughts. Unfortunately, this idyllic scene was interrupted quite unexpectedly: Olga didn't immediately notice an elderly lady step onto the lawn, and Gloria, with the very best of intentions, ran over to "introduce herself." She jumped up at the lady's leg and tore her stockings. Olga, of course, immediately ran over, scooped up her dog, and apologised sincerely several times. Unfortunately, this did nothing to calm the lady down — she declared that Olga would have to answer for this "disgraceful behaviour." The consequences of the incident were not long in coming. Our future client soon received a letter from the police stating that the elderly woman had filed a complaint alleging material and non-material damage and was demanding compensation from the dog's owner. She claimed the dog had frightened her "half to death" and bitten her leg. She had even gone to the trouble of visiting a medical facility, where the alleged injury was documented. Understandably, facing a situation like this for the first time, Olga was somewhat bewildered and came to us so that we could provide legal support and help her "sort things out."

Our firm's attorney listened carefully to our client and took on the case. He explained to Olga that, under § 833 of the German Civil Code (German: Bürgerliches Gesetzbuch, BGB), the owner of an animal is liable for any harm it causes — whether injury to people or other animals, or material damage. Even so, it was necessary to establish exactly what that harm consisted of. According to our client, Gloria, an extremely friendly dog who loved playing with people, had never once bitten anyone in her life. Indeed, it was hard to accept that a playful lapdog puppy could have caused material and non-material damage. We requested evidence of the alleged injury to the elderly lady's health from her lawyers. Some time later, we received documents and photographs showing that this was not, in fact, a bite at all, but scratches — clearly visible in the well-taken photographs. It turned out the dog had jumped up at the woman's leg, torn her stocking with her claws and, out of nothing but affection, merely scratched her leg slightly. Whether the woman had genuinely been so frightened that she couldn't tell a bite from a scratch, or whether she wanted to punish the young woman "to the full extent of the law," remains unknown. Defending our client's interests, the attorney filed a motion to have the case dismissed under § 153 of the German Code of Criminal Procedure (StPO) on the grounds that the offence was of minor significance. Our young client and her parents were overjoyed — the problem had been resolved without any negative consequences.

In closing, it's worth noting that Germany's strict standards of behaviour are no myth: over the centuries, Germans have developed a whole system of values around conduct and rule-following that it's best not to breach. These values are generally rooted in basic courtesy and cleanliness, and observing them is precisely what has turned the streets of German cities into such a fine example of a well-kept environment. It's a good idea to familiarise yourself with the rest of Germany's unwritten rules of conduct well in advance of moving to the country, so as not to end up in absurd situations that can spell trouble for an unlucky foreigner. If you or your relatives have already run into trouble of this kind and need the advice of an experienced professional, our firm's attorneys, who specialise in various areas of German law, look forward to welcoming you for a consultation.

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Civil Law

All rights reserved. Copying or republishing this article requires a link to the original source.