Who Is The Responsibility In The Hunting Predictions: Government Or Hunter

Who is the responsibility in the hunting predictions: government or hunter

Beyond the controversial controversies, sport hunting remains an allowed activity, although regulated, in Spain. Among the many implications of this regulation, we find the regulations on the responsibility in the hunting grounds. What does all this mean?

The incidence and the appearance of responsibility

In practice, much of the hunters go to the places reserved especially for hunting with their dogs. In fact, man-perro cooperation in hunting is a European tradition, and many of the races of Spanish dogs have been created precisely for this purpose.

However, dogs can eventually be involved in accidents with other people or animals, although completely unconsciously. And in these cases, who is recognized by the duty or competence to assume responsibility in the hunting grounds?

Next, we will review some basic legal aspects that every hunter needs to know before attending a hunting preserve with his dog. Likewise, we advise you to also consult the fundamental considerations on hunting dogs, especially with respect to the ears and tail.

Civil Code: What do you say about the responsibility in the hunting grounds?

When we talk about the presence of dogs in rural areas, including hunting preserves, we must resort to the Spanish Civil Code to find a regulatory framework;It details the responsibilities applicable to the possible damages caused by the actions of the pets.

Likewise, it is important to highlight that the regulations on the permanence of dogs in rural areas may vary slightly in each autonomous community, but article 1905 of the Civil Code is very objective by stating that:

‘The holder of an animal, or the one who uses it, is responsible for the damages that will cause, even if it escapes or misses. Only this responsibility will cease in the event that the damage came from force majeure or guilt of the one who had suffered it ’.

Therefore, the responsibility in the hunting grounds on the damages and accidents caused by a dog (or other domestic animal), at the beginning, will fall on its owner.

That is, the tutor must respond for the possible damages caused by his animal to other people and their property, or to the other dogs that can perform hunting in the same place. Pastive hunting is also very persecuted.

In addition, the law of hunting provides that owners can receive economic sanctions of up to 300 euros case loose dogs behave inappropriately in rural areas. Therefore and even in the case of a public space, the regulations are valid and animals can only be free when they obey the orders of their tutor.

Responsibility in the hunting grounds: under what circumstances should the establishment owners respond?

Now, let’s see from the matter from another prism: how is responsibility in the hunting grounds regulate when it is the animals raised in the space space that cause damage or damages to other people, their animals or properties?

In these cases, the applicable legal regime mainly derives from the Hunting Law and article 12906 of the Civil Code, whose text expresses the following:

‘The owner of a hunting inheritance will respond to the damage caused by it in the neighboring farms, when he has not done what is necessary to prevent his multiplication or when he has hindered the action of the owners of these farms to pursue it’.

However, these legal texts can be little objective (and sometimes somewhat contradictory), when it comes to determining in what cases the owner of a hunting preserve should answer the damage caused to third parties that derive directly from the activity developed in their property.

In turn, the Civil Code tries to establish a criterion focused on the concept of ‘guilt’ (which does not cease to seem too subjective in a legal context). While the law establishes a slightly more objective definition in its article 33.1, which says:

‘The holders of hunting uses, defined in article 6.º Of this law, they will be responsible for the damages caused by the hunting pieces from the limited land. Subsidiarily, the landowners will be responsible.

In any case, the owners are attributed responsibility in the hunting grounds to take the necessary measures to prevent animals from escaping or transferring the limits of the hunting use.