If a dog bites you, the owner is responsible for the damage caused. In Rijswijk, you can file a claim against the dog owner for personal injury from a dog bite.
Liability of the Dog Owner
According to Article 6:179 of the Dutch Civil Code, the keeper of an animal is liable for damage caused by the animal. This falls under strict liability:
- It is not necessary to prove fault on the part of the owner
- The owner is liable, unless he can prove that the damage would also have occurred with optimal supervision of the dog
Consequences of a Dog Bite
A dog bite can cause serious injuries:
- Deep wounds from biting
- Infections from bacteria
- Permanent scars
- Nerve damage
- Psychological impact, such as fear of dogs
Contributory Negligence in a Dog Bite
The owner may argue that the victim is partly at fault for the incident:
| Circumstance | Contributory negligence possible? |
|---|---|
| Teasing or attacking the dog | Yes, often fully |
| Petting despite warning | Partly possible |
| Entering private property without permission | Partly possible |
| Walking normally on the street | No |
What Compensation Can You Claim?
For injury from a dog bite, you can recover various costs:
- Costs for medical care
- Scar treatment
- Pain and suffering for pain and permanent damage
- Costs for therapy for trauma
- Loss of income
Dog Owner's Insurance
Many dog owners in Rijswijk have a private liability insurance (AVP) that covers damage caused by their pet. You can submit your claim to this insurer.
What if the owner has no insurance?
In that case, you can hold the owner personally liable. If payment is not forthcoming, attachment of assets is an option, although this is often difficult to enforce.Is filing a police report necessary after a dog bite?
Filing a report is not mandatory for a civil case, but it is recommended for serious incidents. The police can have the dog examined and compel the owner to take measures.What if my own dog bites me?
If you are the owner yourself, you cannot claim against anyone else. Your own AVP insurance does not cover damage to yourself.Help in Rijswijk
For legal advice, you can go to the Juridisch Loket Rijswijk. In disputes over liability or compensation, a case can be brought before the District Court of The Hague, under which Rijswijk falls.
Frequently Asked Questions about Dog Bites
How do I start a compensation claim after a dog bite in Rijswijk?
Contact the dog owner and report the incident. Ask for details of their AVP insurance. Submit a written claim with evidence such as medical reports, photos of injuries, and a cost overview. A personal injury lawyer can help if the case is complex. Keep all documents and receipts for possible legal proceedings.
What if the dog owner refuses to pay?
If the owner or insurer refuses to pay, you can initiate legal proceedings. First send a formal notice of default with a payment deadline. If this does not work, you can claim compensation via the District Court of The Hague. A lawyer can assist you.
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. A personal injury expert can estimate based on your file.
Will I get compensation if I provoked the dog myself?
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, always visit a doctor, even for small wounds. Dog bites can cause infections or hidden damage. A medical report is also important as evidence for your claim. Have the wound cleaned and request a tetanus shot if necessary.
What if the dog is a stray without an owner?
For a stray dog, you cannot file a claim against an owner or insurer. Some municipalities, possibly including Rijswijk, have a fund for damage caused by stray animals. Contact the municipality or animal ambulance for more information.