The owner of an animal is automatically liable for the accidents he causes, even in the absence of wrongful behavior by the animal. It is sufficient to demonstrate its active role in the harm caused to a person. This is what the Court of Cassation has just recalled in the judgment of 17 January 2019.
Two dogs not kept on a leash cause the fall of a horseman who was hiking. The victim’s horse became frightened at the sight of dogs that did not approach within ten meters of him. There was therefore no physical contact between the animals, nor between the highly experienced victim and the dogs. In addition, the behavior of the dogs is described as normal (no rambling, no aggression). The Court of Cassation considers that the racing of horses at the sight of dogs alone suffices to establish the active role of dogs in the realization of the damage caused to the horseman victim.
