Court: Farmer Liable for Cow Damage to Parked Car
Koblenz Regional Court has ruled that a farmer must compensate for damages caused by a cow to a parked car. The incident involved a cow striking the vehicle while the farmer was moving his herd.
A farmer has been ordered by the Koblenz Regional Court to pay for damages sustained by a parked car, which was struck by one of his 21 cows. The incident occurred as the farmer was directing his cattle across a road.
The court determined that the farmer should have waited approximately ten minutes for the car's owner to move the vehicle. The cows had to pass through a narrow gap between the car and a construction site.
Witnesses reported that the car wobbled as the cows passed, and animal hair was found on the vehicle. An expert witness confirmed the presence of cow hair and assessed that the dent could have been caused by a cow.
The farmer argued he had taken necessary precautions and that the car was illegally parked. However, the court found the farmer's failure to wait for the car to be moved constituted a breach of his duty of care under animal owner liability statutes (BGB § 833), and this negligence outweighed any potential fault of the car owner.
The regional court's decision upheld a lower court's ruling, though it adjusted the amount awarded for repair costs. The case highlights the responsibility of animal keepers to ensure safe passage for their livestock and prevent damage to property.