2023-09-18 05:04:38
A man is preparing to throw a Frisbee to his dog this morning in the rain in Oviedo. Paco Paredes | EFE
In Asturias there are at least 200,000 dogs registered, whose owners must have third-party civil liability insurance according to the new animal welfare law.
18 sep 2023 . Updated at 05:00 a.m.
Until now it was only mandatory for potentially dangerous dogs but its obligation extends to all types of dogs. Civil liability insurance for damages to third parties is one of the new features included in the Law on the Protection of Animal Rights and Welfare, a rule that will come into force on next September 29.
Is it mandatory for dog owners to have liability insurance by then? In Asturias, hay more than 200,000 dogs. The latest Computerized Animal Registry of the Principality of Asturias (Riapa), which depends on the College of Veterinarians of Asturias, has 194,678 dogs registered. He president of the College of Veterinarians, Armando Solísexplains that the law comes into force but insurance will be mandatory for all dogs once the regulatory development of this measure also comes into force.
The same occurs with other obligations regulated by the new law, such as completing a responsible ownership course or identifying animals included in the positive list, other than the dog, cat and ferret species.
«The vast majority of the law refers to development by the autonomous communities, which are the ones that have transferred the powers. And, in the case of insurance, the law says that civil liability insurance must be carried out and that the conditions will be developed in the regulations,” says Solís, who considers that this is an “poorly defined” law and “very contradictory in many aspects, that is why there are so many doubts.”
He article 30in point 3, includes this new obligation: «In the case of dog ownership and throughout the life of the animal, the owner must hire and maintain third party liability insurance in forcewhich includes in its coverage the people responsible for the animal, for a sufficient amount to cover possible derived expenses, which will be established by regulation.
From the General Directorate of Animal Rights, of the Ministry of Social Rights and Agenda 2030, after receiving numerous queries about when mandatory insurance for dogs will be applicable, it launched an informative note a few days ago to make it clear that it will not be applicable until regulatory development of the law.
Until this regulation comes into force, which for example will develop the conditions that dog insurance must have, “the provisions on this matter in the regional and local regulations that already establish, in some cases, the obligation to have of civil liability insurance for dog ownership.
In this sense, the General Directorate of Animal Rights recalls that, in the case of potentially dangerous dogs, the regulations – Law 50/1999, on the legal regime for the possession of potentially dangerous animals – requires that the Minimum insurance coverage is at least 120,000 euros.
There are communities like Madrid or the Basque Country where this civil liability insurance for ownership of any type of dog is already mandatory. From the General Directorate of Animal Rights, they also recommend that insurance companies be consulted to advise on dogs, since they could be included in home insurance policies, depending on their type, applicable regulations and other aspects.
If home insurance does not include civil liability for dog possession by default, it can be requested as an extra. The other possibility is to take out specific insurance for pets, which also offer a greater protection service such as health care.
Solís considers it advisable to have dog liability insurance regardless of whether it is mandatory. «When a dog or cat escapes, the responsibility is the owner. From the school we always recommend having insurance,” says the veterinarian, who remembers that the school has a group insurance that veterinarians can offer to their clients in Asturias.
Once the regulation of the law is approved, which could be during this fall, the obligation to have one of these insurances and the penalties for not having it would apply. According to the law, minor infractions are considered those behaviors that, by action or omission and without causing physical damage or alterations in the animal’s behavior, entail non-compliance with legally established prohibitions, care or obligations or those derived from non-compliance with administrative responsibilities by the animal. of the owners or those responsible for the animal
These minor penalties, which do not cause physical harm to the animal, range between 500 and 10,000 euros.
Filed in: Asturias Ministry of Social Rights and Agenda 2030
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