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Dog on a leash (symbol image)
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If a dog breaks loose and causes a bicycle accident, the animal's owner is liable for the damage.
This also applies if the owner did not act intentionally, as the Higher Regional Court (OLG) Frankfurt am Main announced.
It awarded a cyclist compensation of 7,000 euros.
The loss of quality of life is thus adequately compensated, it said.
According to the decision, the man drove with his partner on a cycle path between Frankfurt and Hanau.
The dog broke free and ran onto the bike path.
As a result, the plaintiff fell and injured his right arm and right hand.
He asked the court for damages in the amount of at least 15,000 euros.
The regional court had awarded the plaintiff 7,000 euros in compensation for pain and suffering and partial reimbursement of the costs claimed.
The cyclist appealed against the verdict and demanded a further 8,000 euros in damages.
However, the OLG judges rejected this.
The amount set by the Frankfurt Regional Court is therefore appropriate.
Among other things, some of the restrictions put forward by the plaintiff as a result of the accident are "incomprehensible" on the basis of the expert report.
This applies, for example, to pain during everyday movements such as dressing and undressing.
Nevertheless, the judges considered it proven that the man's lifestyle was permanently limited by the impairments he had suffered.
He can no longer practice his leisure sports, especially motorcycling and sportive cycling.
The value of the compensation for pain and suffering determined by the district court is not objectionable.
The decision of the court cannot be appealed.
File number 11 U 89/21
jpz/AFP