Tuesday, May 31, 2011

Rating: No liability for rampaging young cattle

Breaks through a pregnant heifer caused the fence and then on the street, a traffic accident, the owner must pay is not the first calving heifer for the damage the car holder. This disclaimer of Kuhbauern applies even if the fence around the animals at the eruption site may not have been in a proper condition.

Then, in a recent decision by the Higher Regional Court of Schleswig-Holstein passed (Ref. 7 U 13/08), and the claims of the affected motorists turned away. As the German Bar Hotline reported here came the so-called privilege of liability of the owners of livestock to bear. For pets that are kept for business or for profit, sees the Civil Code expressly provides that the keeper is not liable if the damage would have occurred even with adequate supervision, said the attorney hotline.

Young cattle, especially pregnant first calving heifers as in this case, behave according to a the court put forward opinions but temperamental than pregnant cows per se, which are possible because of their inexperience and the lack of a cow very violent reactions to unforeseen events. Even a moderate fence regulations would therefore not held according to the agricultural expert of the panic reaction in cattle.

What it is pointless to consider a breach of duty of care by the Kuhbauern to consider further.

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