Are you responsible if your dog bites a burglar in France?

Reader Question: I read somewhere that in France a burglar sued a homeowner after their dog bit them when they tried to burgle a house! Surely this cannot be right?

While this seems like an absurd scenario, it is within the realms of possibility.

Article 1243 of France’s Civil Code states that “the owner of an animal, or the person using it while it is in their care, is liable for damage caused by the animal, whether the animal was under their supervision or had strayed or escaped.” 

In short, this means the owner of an animal is responsible for damage they do at any point in time, regardless of the situation. 

This can cover the animal biting a burglar attempting to enter your house, as well as biting a random person in the street or another family member. 

It is theoretically possible for the burglar to sue you for injury from the animal. 

In this way, the rules are comparable to issues with swimming pool trespassers and home squatters, who can sue owners for damages even if they were unlawfully in a property or pool at the time of an accident.

Check insurance policies

In the case of a burglar suffering from a dog bite however, such claims are covered by your civil liability insurance. 

This insurance is mandatory for all main homeowners and renters – but not for second homes – in France.

In most cases home insurance policies include damage from pets (including injury to other humans and animals or damage to other properties). 

Otherwise, such eventualities may be covered in a form of pet insurance, if this is an extensive policy covering more than simply animal health. 

You will therefore not need to pay out of pocket for any claim made provided you are covered by either of these policies.

If you own a dog, it is worth checking that your insurance covers the eventuality. 

Certain dog breeds – noticeably category 2 dogs and larger hunting animals – may not come under common clauses and will require a special addendum to the policy, but this is generally granted. 

Alternatively, you will need separate insurance.

Burglar still liable, self-defence rules

A claim by a burglar for an animal bite does not invalidate their breaking of the law by burglarising or attempting to burgle your home. 

They remain civilly and legally liable for their action, and you may bring charges against them, including for physical injury, emotional distress, etc. 

You can also press criminal charges, particularly useful if you have other security software able to prove the burglary. 

It is not guaranteed that a burglar will be successful in their case against you, if you can prove your dog was defending the home and the burglar was aggressive. 

Article 122-5 of France’s penal code absolves individuals (and their pets) of criminal liability in the case of self defence if there is “a serious, certain, and imminent threat to themselves or their property”.