Keeper's Liability (Halterhaftung)
Keeper's liability is a no-fault strict liability that holds the keeper of an object (particularly a motor vehicle or animal) liable for damage to third parties solely on the basis of the inherent operational or object risk.
Concept
Keeper’s liability is an application of strict liability in which the basis for liability is not fault-based conduct but the actual power of disposal (keeper status) over a hazard-prone object – typically a motor vehicle or an animal. A keeper is generally the person who uses the object for their own account and has actual control over it, regardless of ownership.
Motor Vehicle Keeper’s Liability
Under road traffic law, the vehicle keeper is liable under the relevant provisions (e.g., Section 7 of the German Road Traffic Act) for damage arising “in the operation” of their motor vehicle, regardless of whether they themselves are at fault. This no-fault liability is the primary reason for the statutory obligation to maintain motor liability insurance.
Distinction and Relevance for Insurance
Keeper’s liability must be distinguished from driver’s liability (which is generally fault-based); both types of liability, however, are typically covered jointly by the same motor liability policy. Analogous principles apply to animal keeper’s liability, under which the keeper of an animal is liable for damage caused by the animal regardless of their own fault.