If a dog bites you in Leiden, you can hold the owner liable for the damage suffered. This means you are entitled to compensation for injuries and other costs.
Liability of the Dog Owner
According to Article 6:179 of the Civil Code, the owner of a dog is responsible for the damage caused by the animal. This falls under strict liability, whereby:
- It is not necessary to prove fault on the part of the owner
- The owner remains liable, unless he proves that the damage would have occurred even with optimal supervision of the dog
Types of Injuries from Dog Bites
A dog bite can have serious consequences, such as:
- Deep wounds from biting
- Infections from bacteria
- Permanent scars
- Nerve damage
- Psychological impact, such as fear of dogs
Role of Contributory Negligence
In some cases, the owner may argue that you yourself (partly) caused the bite:
| Circumstance | Contributory Negligence? |
|---|---|
| Provoking or abusing the dog | Yes, often fully |
| Patting despite warning | Possibly partly |
| Entering private property uninvited | Possibly partly |
| Walking normally on the street | No |
What Compensation Can You Claim?
After a dog bite in Leiden, you can recover various costs, including:
- Costs for medical care
- Scar treatment
- Pain and suffering for pain and permanent damage
- Costs for therapy for psychological trauma
- Loss of income due to incapacity for work
Dog Owner's Insurance
Many dog owners in Leiden have liability insurance (AVP) that covers damage caused by their pet. You can submit your claim to this insurer.
What if the owner is not insured?
In that case, you can hold the owner directly liable. If payment is not forthcoming, attachment of assets is an option, although this is often complicated.Is filing a police report necessary after a dog bite?
It is not mandatory for a civil claim, but in cases of serious injury, it is recommended. The police can investigate the situation and require the owner to take safety measures.What if my own dog bites me?
If you are the owner yourself, you cannot hold anyone else liable. Your own AVP insurance does not cover damage to yourself.Frequently Asked Questions about Dog Bites in Leiden
How do I start a damage claim after a dog bite?
Contact the dog owner and ask for the details of their AVP insurance. Submit a written claim with evidence such as medical reports and photos of the injury. A personal injury lawyer can assist with complex cases. Keep all documents and receipts carefully.
What to do if the owner does not pay?
If the owner or insurer refuses to pay, you can initiate legal proceedings. First send a formal demand letter with a payment deadline. If this does not work, you can go to the court in Leiden to obtain a judgment. A lawyer can support you in this.
How is pain and suffering calculated for a dog bite?
The amount of pain and suffering depends on the severity of the injury, recovery time, and permanent consequences such as scars or fear. Judges use previous cases as a guideline, but every situation is different. An expert can provide an estimate based on your file.
Will I get compensation if I provoked the dog?
If you provoked the dog, the owner can invoke contributory negligence. This can reduce or even cancel your compensation. Legal advice is recommended to assess your chances.
Should I see a doctor after a minor dog bite?
Yes, even for small wounds, a doctor's visit is important. Bites can cause infections or hidden damage. Moreover, a medical report is essential for your claim. Also consider a tetanus shot.
What if the dog is a stray without an owner?
With a stray dog, you cannot hold an owner liable. Some municipalities, such as Leiden, may have a fund for damage caused by stray animals. Contact the municipality or animal ambulance for more information.
Relevant Institutions in Leiden:
- Court: District Court of The Hague, Leiden Location
- Legal Aid Office: Juridisch Loket Leiden, Stationsweg 46