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Animal and Law - Q&A's

Animal and Law - The Susy Utzinger Animal Welfare Foundation (SUST) answers questions from animal owners, animal lovers and interested parties in an easy-to-understand manner.

If you have any further questions, please feel free to contact us at: info@susyutzinger.ch

Dogs - Q&A's

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My dog bit someone, what happens now?

As the owner, you are responsible for your dog. Report the incident to your liability insurance for any damages incurred and to the veterinary office. Self-reporting is usually the better way.

From a legal point of view, a dog bite can constitute damage to property in the sense of Art. 144 StGB (Strafgesetzbuch), assault in the sense of Art. 126 StGB, injury in the sense of Art. 122 ff. StGB or even a killing in the sense of art. 111 ff. StGB represent. Since a dog cannot be a perpetrator under criminal law, its owner or handler is responsible for the act.

According to Art. 56 Abs. 1 OR (Obligationenrecht), the owner of an animal is liable for the damage caused by the animal if he does not prove that he exercised all due care in the care and supervision required by the circumstances or that the damage would have occurred even if he had exercised such care. According to Art. 56, Abs. 2 OR, the right of recourse is reserved to him if the animal has been irritated by another or by the animal of another. In principle, the animal owner is always liable for the damage caused by his animal, but under certain circumstances he does not have to pay for the damage or only partially if he can prove that he did everything in his power to avert the damage and the damage nevertheless occurred - for unforeseeable reasons.

Generally, disputes are covered by liability insurance policies. These factors play a role:

Power of disposal:
A liable animal owner is one who has the so-called "power of disposal" over an animal. The power of disposition over an animal is, for example, who provides for its keeping and maintenance and can determine the use of the animal. The concrete circumstances are decisive.

The concept of damage
For Art. 56 Abs. 1 OR to apply, there must be damage. This is primarily understood to mean financial damage that can be quantified in francs and centimes.

The causal link
The causal connection is the relationship between the cause of the damage and the event that occurred. The question here is whether the event for which someone is responsible is to be regarded as the legally relevant cause of damage. A liability of the animal owner presupposes both a natural and an adequate causal connection. According to this, every event is naturally causal that cannot be thought away without the success also ceasing to exist (conditio sine qua non). The success therefore does not occur in the absence of the cause.

Illegality
Finally, liability exists in principle only for unlawfully inflicted damage.

The duty of care
The liability of the animal owner for damage caused by his animal is extraordinarily strict. In particular, the owners of potentially dangerous dogs are advised to take out private liability insurance.

In order to be exempt from animal owner liability, the animal owner must be able to prove that he/she did everything necessary to avoid the occurrence of the damage.

Cats - Q&A's

My cat was injured by a dog, who pays the costs?
Am I allowed to feed the neighbor's cat?
In unserem Quartier hat es heimatlose Katzen, was kann ich tun?
The neighbor's cat is locked out during the whole day and cannot enter the house while its owners are at work. There is no cat door and no shelter for the animal. is this animal-friendly?

Other Animals - Q&A's

A donkey living with horses – is that enough?
Am I allowed to keep a single rabbit?
Reptiles: Do they need holding permits & expert opinions?
Are rabbits and hares the same?
Birds: Do they need owner inspections & holding permits?
I found an injured fox, can I take it to a clinic?
Am I allowed to throw fish into the toilet?
My cleaner released my budgies by mistake, what can I do?

Q&A's in general

My vet made an incorrect diagnosis, the animal is now dead - can I prosecute him?
What happens if an illness is discovered shortly after the animal is taken over, which the seller/animal shelter did not inform me about?
What must a transfer agreement contain?
What action can be taken in the event of a poor husbandry situation?
How many pets may I keep privately?
For which species do I need a permit?
At what point do I need an animal caretaker certificate?
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