Your
dog
or other pet has caused harm to a third party.
If you are its owner or guardian at the time of the incident, you are civilly
liable for the damage
.
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What is civil liability?
The principle of civil liability dates from the Napoleon Code.
It appears today in article 1240 of the Civil Code:
"Any fact whatsoever of man, which causes damage to others, obliges the one through whose fault he arrived to repair it"
.
Civil liability is the
obligation to repair damage caused to others
.
The damage can be material, moral, bodily or aesthetic.
In order not to have to personally bear the reparation of damage caused to third parties, it is possible to take out insurance.
It is then the insurance which replaces the person responsible for the damage to compensate the victim, within the limits of the contract taken out.
We are talking about
civil liability coverage
.
Note
: we are not talking about civil liability for damage caused to oneself.
Only persons considered as third parties by the home insurance contract including civil liability coverage are indemnified for their damage.
Read also Liability insurance - Definition
Who is responsible for damage caused by a dog?
When a dog, a cat or another pet commits a
degradation
, the question of
reparation
arises
.
Who is responsible for the damage caused by this animal?
Is the owner always responsible for his pet?
The answer to these two questions is given in the Civil Code:
"The owner of an animal, or the person who uses it, while it is in its use, is responsible for the damage that the animal has caused, either the animal was in its care, whether it was lost or escaped ”
(C. civ., art. 1243)
.
Two situations should therefore be distinguished:
The owner is responsible for the damage caused to others by his dog, if he had it under his supervision at the time of the facts.
The keeper of the animal at the time of the incident, other than its owner, is responsible for damage caused to others.
We are talking about a transfer of custody from the owner to the guardian.
Concretely, if you have your animal looked after by another person, it is the civil liability insurance of this other person which will be activated to compensate the victim.
Pets can cause different damage.
It can be bodily injury, such as a dog bite.
But also material, such as the breakage of a glass pane.
Or even moral, if there is trauma for the victim.
Pet liability: how does it work?
The person responsible for the damage caused by the pet (the owner or the guardian) is required to compensate the victim for his damage.
Pet liability and home insurance
If you do not wish to have personal repairs, you can activate your
liability cover
included in your home insurance.
It is a choice and not an obligation.
Because you do not have to be covered for damage caused by your pet.
You are no longer obliged to take out
specific insurance
.
Most often, liability coverage is taken out with the home insurance contract.
It covers damage caused to third parties by people or things that are under your responsibility, including animals.
In the absence of insurance, you must compensate yourself for the degradation and damage caused by your animal.
Good to know
: your liability insurance can cover damage caused by cats and dogs.
But also horses, or goats.
Check with your insurer to find out the extent of the coverage offered.
Read alsoPuppies to give: when the good deal is in fact a scam
Do all liability guarantees cover damage caused by a dog?
No,
all liability guarantees do not cover damage caused by pets
.
To find out about your own coverage, you can read the terms of your home insurance contract.
Not all insurers cover damage the same way.
It must be expressly mentioned that the guarantee covers damage caused by your animals and those you keep.
Good to know
: cat, dog, pony or goat, take care to inform your insurer of your wish to be covered by your civil liability guarantee for the damage that your animal could cause to a third party.
He will specify the limits of your guarantee, the exceptional coverage or any exclusions.
Read alsoCat, dog: the price of health insurance takes into account the age of the animal
The civil liability of dangerous dogs, a case apart
The question of civil liability for so-called dangerous dogs follows its own rules.
Coverage by a civil liability guarantee is compulsory.
Article L211-12 of the Rural and Maritime Fisheries Code classifies dangerous dogs into two categories:
1 ° First category: attack dogs
;
2 ° Second category: guard and defense dogs.
Strict regulations govern the detention of an attack, guard or defense dog.
The owner of a dog listed as dangerous must be in possession of a
detention permit
.
He must also take out
specific civil liability insurance
.
“II.- The issuance of the detention permit is subject to the production of: […] an insurance guaranteeing the civil liability of the owner of the dog or of the person who holds it for damage caused to third parties by the animal […] ] ”(Article L211-14 of the Rural and Maritime Fisheries Code)
.
Concretely, this is a private life civil liability.
Damage caused by a dangerous dog is therefore not covered by the traditional liability cover of home insurance.
Some insurers offer this type of guarantee.
How to make the dog's civil liability work?
Whether your animal is classified as dangerous or a companion animal, you must quickly come to your insurer to be covered by your liability cover.
You have exactly
5 days to send him a claim
.
The insurer will estimate the cost of the damage.
It will then proceed to the compensation of the victims.
Depending on the amount, you may have to pay a deductible.
What happens in the absence of dog liability insurance?
In the absence of insurance guaranteeing the damage caused by your dog or your cat, you must compensate yourself for the degradation and damage done by your animal to a third party.
