Schadensersatz bei Jagdschäden und Wildschäden

Have you discovered damage caused by game or hunting on your agricultural or forestry property? Then you are entitled to compensation if the requirements are met.

Compensable game damage is damage caused by hoofed game, wild rabbits and pheasants to agricultural and forestry land and plants, even if these have been separated from the ground but not yet harvested.

Damage caused by game to special crops shall not be compensated if the usual protective devices that would be sufficient to avert the damage under normal circumstances have not been installed.vineyards, gardens, orchards, tree nurseries, avenues, single trees and forestry crops other than the main types of wood found in the hunting district and open-air plantings of horticultural or high-value commercial plants are considered special crops.

Wire mesh fences are considered to be normal protective devices that are sufficient to prevent damage from game under normal circumstances:

• against red deer, fallow deer and mouflon with a height of at least 1.80 m,
• against roe deer with a height of at least 1.50 m,
• against wild boar with a height of at least 1.50 m, which is attached to ground stakes in such a way that it cannot be lifted by wild boar,
• against wild rabbits with a height of at least 1.30 m above the ground, at least 20 cm buried in the ground and a maximum mesh size of 40 mm.

In hunting districts where wild boar are present, the wire mesh fence against red deer, fallow deer, mouflon and roe deer must always be secured against being lifted up by wild boar.

Damage caused by game to land on which hunting is suspended or is not permitted will not be reimbursed.

Hunting damage is damage caused by improper hunting. The person authorized to hunt is liable to the owner or the person authorized to use an area of land for any damage resulting from improper hunting; they are also liable for hunting damage caused by one of their gamekeepers or one of their hunting guests.

1. If an area of land belonging to a communal hunting district or attached to a communal hunting district is damaged by hoofed game (e.g. roe deer, wild boar), wild rabbits or pheasants, the hunting cooperative must compensate the injured party for the damage caused by the game. In the case of hunting leases, the lessee is liable if he has undertaken to compensate the damage caused by game in the hunting lease; in this case, the hunting cooperative is only liable if the injured person cannot obtain compensation from the lessee. In the case of private hunting districts, a distinction must be made as to whether the land in question is attached land or land originally belonging to the hunting district. In the case of annexed areas, the owner of the hunting district is initially liable for compensation. However, if the land is leased, the tenant can also assume this obligation so that the owner is only subordinately liable. For areas originally belonging to the hunting district, the obligation to pay compensation is based on the legal relationship between the injured party and the person authorized to hunt. This can either be a land lease agreement between the owner of the land who is authorized to hunt and the owner of the land who is authorized to hunt, and a farmer, or a hunting lease agreement between the owner of the land who is authorized to hunt and a tenant hunter.
2. If land products whose full value can only be assessed at the time of harvest are damaged by game before this time, the damage caused by game is to be compensated to the extent that it occurs at the time of harvest. When determining the amount of damage, however, it must be taken into account whether the damage can be compensated for by replanting in the same marketing year in accordance with the principles of proper farming.
3. Damage caused by game to vineyards, gardens, orchards, tree nurseries, avenues, single trees, forestry crops with other main species of wood than those found in the hunting district and open-air plantings of horticultural or high-value commercial crops (special crops) shall not be compensated if the usual protective devices that would be sufficient to avert the damage under normal circumstances have not been put in place.

The right to compensation for damage caused by game and hunting expires if the injured party does not report the damage to the competent authority within one week of becoming aware of the damage or would have become aware of the damage if due care had been exercised.

In the case of damage to forestry land, it is sufficient to notify the competent authority twice a year, by May 1 or October 1.

Within one week of reporting damage caused by game or hunting at the latest, the injured party must inform the authority that it was not possible to reach an amicable settlement with the person liable for compensation and provide information on the amount of damage. If damage caused by game or hunting is reported in good time, the administration of the responsible municipality shall immediately arrange an appointment at the site of the damage to bring about an amicable settlement, inviting the parties involved and an appointed game damage assessor.

If an amicable agreement is reached at the meeting at the site of the damage, this must be recorded in minutes, which must contain in particular the type of damage, its amount and the date of reimbursement as well as the distribution of the costs of the preliminary proceedings. It must be signed by the parties involved.

If an amicable agreement cannot be reached, the game damage assessor shall determine the damage incurred, which shall form the basis of the administration's written preliminary decision.

Note: The vast majority of all game and hunting damage is settled directly between the injured party and the person liable to pay compensation (usually the hunting tenant) by mutual agreement, so that an official game damage procedure is not initiated.

Compensation for damage caused by game or hunting.

Please report any damage to the municipal administration responsible for the damaged ground area of the independent municipality, association municipality or city administration of the independent or large district town. The municipalities, the association municipalities as well as the independent and large cities are responsible for this task.