Dog bite due to regular dog care no work accident

LSG Darmstadt: Employers' liability insurance does not have to compensate for accidents
(Jur). If someone regularly looks after the dog of a friend, a dog bite suffered thereby does not constitute an accident at work. Since the dog care is typically not provided by employees or employees similar to an employee, the BG does not have to compensate the accident, the Hessian State Social Court (LSG) ruled in one on Tuesday, 3 May 2016 decision (Ref .: L 3 U 171/13). Rather, the activity is to be regarded as an independent service that is not under the protection of the statutory accident insurance, it continues in the judgment of 12 April 2016.

A woman from the Frankfurt am Main area, who had cared for the dog of a well-known family during the holidays, had sued. The woman had had a four-legged friend in the past, so she took care of the animal regularly. She took him home in July 2006, went for a walk, fed the dog and played with him.

Dog bite no work accident. Picture: Grubärin - fotolia

But when playing the animal jumped up and bit the woman's face and neck. The son was then able to lock away the dog and was also bitten. The woman had to be taken by rescue helicopter to a hospital.

She finally wanted the accident insurance recognized as an accident at work. She had exercised an employee-like employment with the regular dog care, so their reasoning.

This contradicted the accident insurance. Activities as a dog-sitter or care in a dog person would usually be offered as part of a self-employed activity. These would not be under the protection of the statutory accident insurance.

The LSG also refused recognition as an accident at work. The woman was at the time of the accident not as employees for the dog owner active. She could also claim no legal accident protection as a so-called employees, so for activities that usually have dependent employees.

Here, the dog owner of the applicant in the design and care of the dog has largely left a free hand. Regular dog care should be regarded as "independent business or independent service". However, these are not covered by the statutory accident insurance cover. (Fle / mwo)