LSG Darmstadt: The professional association does not have to compensate for the accident
(jur). If someone regularly takes care of a friend's dog, a dog bite suffered in this way does not constitute an accident at work. Since dog care is typically not taken on by employees or people similar to workers, the professional association does not have to compensate for the accident, the Hessian State Social Court (LSG) decided on Tuesday, May 3, 2016 announced judgment (Az .: L 3 U 171/13). The activity should rather be seen as an independent service that is not under the protection of the statutory accident insurance, according to the judgment of April 12, 2016.
A woman from the Frankfurt am Main area had sued and looked after the dog of a well-known family during the holidays. The woman had had a four-legged friend herself in the past and therefore liked to take care of the animal regularly. She took him home with her in July 2006, went for a walk, fed the dog and played with it.
But when playing, the animal jumped up suddenly and bit the woman's face and neck. The son was then able to lock the dog away and was also bitten. The woman had to be taken to a hospital by rescue helicopter.
After all, the trade association wanted the accident to be recognized as an accident at work. With regular dog care, she had a job similar to an employee, she explained.
The accident insurance institution disagreed. Activities as dog-sitter or care in a dog person would usually be offered as part of a self-employed activity. However, these would not be under the protection of the statutory accident insurance.
The LSG also refused to be recognized as an accident at work. At the time of the accident, the woman was not employed by the dog owner. You can also not claim any statutory accident protection as so-called employees, i.e. for activities that are normally dependent on employees.
Here, the plaintiff's dog owner had largely given a free hand in the design and care of the dog. Regular dog care should be seen as "independent business management or independent service". However, this is not under the statutory accident insurance protection. (fle / mwo)