Case study Liability – a hike with an entrusted dog ends in tragedy

What happened

Ms F gave her dog, Rocco, to Mr L to look after him. Mr L went hiking with Rocco in the Jura mountains. After falling from a crag, Rocco suffered complicated fractures and had to be taken into surgery.

Mr L subsequently reported the incident to his personal liability insurance.

The insurer refused to pay for the medical expenses, because Mr L had not committed a tort according to art. 41 Swiss Code of Obligations.

Mr L found himself in an unpleasant situation vis-à-vis the dog owner. After complaining unsuccessfully to the insurer, he contacted the Ombudsman.

Outcome of Ombudsman investigation

We asked the insurer to re-examine the case and argued that the dog was Ms F’s property. Its injuries therefore constituted a damage to her property.

Moreover, Ms F had clearly instructed Mr L that Rocco must be kept on a leash at all times. Mr L had ignored this instruction. Unleashing the dog in steep terrain we considered a slightly negligent behaviour in the least.

The insurer could be convinced of this. It accepted third party liability coverage and paid for Rocco’s medical expenses.