Consolidation of the owner’s strict liability in dog attacks and restriction of contributory negligence under article 1905 CC

Abstract

Civil liability for damages caused by animals, and in particular by dogs, is a classic institution of Spanish civil law, primarily regulated by Article 1905 of the Civil Code. This provision establishes a system of strict or quasi-strict liability, based on the inherent risk of owning an animal, which imposes on the owner the obligation to repair the damages caused regardless of fault. This paper analyzes the legal basis of this type of liability, its integration into the general system of extra-contractual civil liability, and its doctrinal and jurisprudential treatment.

It also examines the recent evolution of the regulatory framework applicable to dog ownership, with particular attention to the mandatory civil liability insurance introduced by Law 7/2023, on the protection of animal rights and welfare. The study addresses the scope of this legal requirement, its practical application, and its main legal, social, and economic implications. Finally, the case law doctrine relating to the causes of exoneration from liability is analyzed, highlighting the restrictive interpretation of force majeure and the fault of the injured party as factors suitable to break or mitigate the causal link.