Damage caused by animals, such as dog bites, horse accidents or attacks by livestock, occurs regularly. In principle, the keeper of the animal is liable on the basis of strict liability.
Strict Liability for Animals
According to article 6:179 of the Dutch Civil Code, the keeper of an animal is responsible for the damage caused by the animal.
Key Aspects of Strict Liability
| Characteristic | Explanation |
|---|---|
| No fault required | Liability applies even without negligence |
| Unpredictable behavior | Damage from spontaneous actions of the animal |
| Keeper responsible | The keeper, not necessarily the owner, is liable |
| Force majeure rarely applicable | Even in case of unexpected reactions of the animal |
Difference between Keeper and Owner
The keeper is the person who has the animal under his care, which is not always the owner.
Practical Examples
- A horse renter is considered the keeper during the rental period
- A temporary pet sitter may be regarded as the keeper
- A riding school is the keeper of the horses in its stable
- A livestock farmer is the keeper of his animals
Examples of Damage Caused by Animals
Animals can cause damage in various ways.
Common Incidents
Dog Bites
Frequently reported damage. The owner is liable, even if the dog is normally peaceful. Liability insurance usually covers this.
Accidents with Horses
Horses can kick, bite or panic. The keeper, often a riding school or owner, is responsible for damage to others.
Escaped Livestock
If livestock escapes and, for example, causes a traffic accident, the livestock farmer is liable.
Damage Caused by Cats
Cat owners may be liable for injuries from scratching or accidents caused by their cat.
Possible Defences of the Keeper
The keeper may try to reduce or avoid liability.
Potential Defences
| Defence | Chance of Success |
|---|---|
| Force majeure | Very small, because the animal's own behavior forms the basis |
| Victim's own fault | Promising, for example in case of provocation of the animal |
| Assumption of risk | Limited, such as for experienced riders who know the risks |
| Not the keeper | Possible if someone else was the keeper |
Victim's Own Fault
If the victim has contributed to the damage himself, the compensation may be lower.
Examples of Victim's Own Fault
- Teasing or provoking an animal
- Ignoring warnings
- Riding a horse without experience and without supervision
- Entering prohibited areas with livestock
Damage by Wild Animals
For wild animals, standard keeper liability does not apply.
Specific Cases
- Wildlife on the Road: Usually no liable party, unless the road authority was negligent
- Animals in Nature Reserves: Limited responsibility for the manager
- Escaped Zoo Animals: The zoo is liable
Insurance Coverage
There are various insurances that can cover damage caused by animals.
Types of Insurance
| Type of Insurance | Coverage |
|---|---|
| Liability Insurance (AVP) | Damage by pets such as dogs and cats |
| Horse Insurance | Specifically for damage caused by horses |
| Business Insurance for Farmers | Liability for livestock farmers |
| Own Accident Insurance | Damage to yourself caused by an animal |
Step-by-Step Plan for a Dog Bite in Leiden
- Seek immediate medical help and document the injury
- Collect contact details of the dog owner
- Report the incident to the police in case of serious injuries
- Ask for the owner's liability insurance details
- Hold the owner liable in writing
- Consult an expert in case of serious injury
Practical Tips
- Document the incident immediately (photos, witness statements)
- Always have animal bites medically checked (risk of infection)
- Ask for insurance information from the keeper
- Take into account a possible own fault defence
- In case of serious damage: contact a personal injury lawyer in Leiden
Local Information in Leiden
For legal support, you can go to the Juridisch Loket Leiden, located at Stationsweg 46. For court cases, reference is often made to the Rechtbank Den Haag, location Leiden.
Frequently Asked Questions
Am I responsible for damage caused by my pet?
Yes, as keeper you are liable for damage caused by your animal (art. 6:179 DCC).
What to do in case of a dog bite?
The owner is liable, even without negligence. Only force majeure can be a defence.
How does compensation work?
Medical costs and other damage can be recovered from the keeper, often via insurance.