Legal risks for dog owners

“He just wants to play.” “Mine doesn’t do anything.” Anyone who is often out and about in fields, woods and meadows will be familiar with these phrases. But what happens when “doing nothing” suddenly ends in damaged clothing, a bite, a frightened child or an injured jogger? And who is actually responsible if a dog gets out of control? Everyday life with dogs involves a variety of legal risks for dog owners.

Clear under civil law: the dog owner is almost always liable

According to Art. 56 of the Swiss Code of Obligations, the animal owner is generally liable for the damage caused by an animal – even if it is not at fault. This is a causal liability with proof of due care. Only those who can prove that they exercised all due care in keeping and supervising the animal can exonerate themselves.

In practice, this means that as soon as a dog bites, scratches or jumps on someone and causes damage, the owner is liable – unless they can provide full proof of due care. Accordingly, in most cantons, dog owners are legally obliged to take out liability insurance.

Criminal law developments: convictions of dog owners on the rise

Due to the penal provisions in the cantonal dog laws in particular, it doesn’t take much for the law enforcement authorities to get involved. For example, according to § 9 para. 1 let. a of the Dog Law of the Canton of Zurich and supervised in such a way that they do not harass or harm anyone. In a ruling from 2014, the High Court of the Canton of Zurich confirmed the punishment of a dog owner because his dog suddenly jumped up at a stranger and took a bite of their bread roll.

In the case of more serious incidents – such as bite attacks or injuries – negligent bodily harm may also be a possibility. However, this requires more than just the damaging incident: a breach of duty and foreseeability must be fulfilled.

From a lawyer’s point of view, this can often be the starting point:

• If there were no previous incidents, there was no obligation to take preventive protective measures;
• Accordingly, the owner did not have to expect such behavior from his dog;
• The duty of care has not been breached and there is no criminal negligence.

But beware: in the event of another incident with the same dog, negligence can and is often assessed differently by the authorities. This means that anyone who attracts attention once is in a much worse legal position the next time. The threshold for breach of duty falls – and the burden of proof increases.

Administrative law: Veterinary authorities quickly get involved

Irrespective of the consequences under civil or criminal law, the competent cantonal veterinary authorities may also impose measures. Legal risks for dog owners include

• Muzzle or leash requirement
• Behavioral tests
• Attending dog schools at your own expense
• Partial or complete stopping ban
• Confiscation
• External placement or euthanization of the dog

A single incident – or even a report without damage – is often enough to trigger such an injunction. This makes it all the more important to react promptly and in a legally correct manner if such a case arises.

Typical pitfalls and legal risks for dog owners in everyday life

• Your dog runs up to strangers or barks at them for no reason – even without touching them, this can be interpreted as harassment or danger.
• Another dog is made to bark or break out by your dog – this can also lead to charges.
• You go for a walk with a drag lead, but the dog gets loose – you are threatened with the accusation of insufficient control.

Your dog “snaps into the air” and accidentally injures a jogger – this can be considered negligent bodily harm.

Conclusion: Responsibility begins before the incident – but not the same everywhere

Today, there are a variety of legal risks for dog owners. Under civil law, dog owners are generally liable for damage caused by their animal – even if they are not at fault. Criminal law has been tightened considerably in recent years, so that even barking or jumping up can have criminal consequences. Injuries to humans or animals are always critical. The veterinary authorities often initiate administrative proceedings.

FF-Law Your contact for animal and dog law

Have you received a letter from the public prosecutor’s office or the cantonal veterinary office?

Our lawyers in Winterthur specialize in animal and dog law and can provide you with comprehensive support on issues relating to criminal law or inspections, conditions, orders and proceedings before the veterinary office.

📞 Contact us for a consultation!