Damage caused by animals, such as dog bites, incidents with horses or attacks by livestock, occurs regularly. In principle, the possessor of the animal is liable based on strict liability.
Strict Liability for Animals
According to article 6:179 of the Civil Code, the possessor of an animal is responsible for the damage caused by the animal.
Characteristics of Strict Liability
| Characteristic | Explanation |
|---|---|
| No fault required | Liability applies even without negligence |
| Unpredictable behavior | Damage from spontaneous actions of the animal |
| Possessor responsible | The possessor, not necessarily the owner, is liable |
| Force majeure not applicable | Liability remains even in case of unexpected behavior |
Difference between Possessor and Owner
The possessor is the one who has the animal under his care, which is not always the owner.
Practical Examples
- A horse renter during the rental period
- A temporary pet sitter
- A riding school managing horses
- A livestock farmer with his animals
Damage Caused by Animals: Examples
Animals can cause damage in various ways.
Common Incidents
Dog Bites
The most common problem. The owner is liable, even if the dog is normally calm. Liability insurance often covers the costs.
Incidents with Horses
Horses can kick, bite or panic. The possessor, such as a riding school, is responsible for damage to others.
Escaped Livestock
If livestock escapes and causes an accident, for example, the livestock farmer is liable.
Damage Caused by Cats
Even cat owners can be liable, for example, for injury from scratching or a caused accident.
Possible Defenses of the Possessor
The possessor may try to reduce or avoid liability.
Defense Options
| Defense | Chance of Success |
|---|---|
| Force majeure | Very small (unpredictability of the animal is the basis) |
| Victim's own fault | Promising (e.g. if the dog was provoked) |
| Assumption of risk | Limited (e.g. experienced rider knows the dangers) |
| Not the possessor | Possible if someone else managed the animal |
Victim's Own Fault
If the victim has contributed to the damage himself, the compensation may be lower.
Examples of Victim's Own Fault
- Provoking or irritating an animal
- Ignoring warnings
- Horse riding without experience
- Entering prohibited area with livestock
Damage by Wild Animals
For wild animals, standard possessor 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 liability for the manager
- Escaped Zoo Animals: The zoo is responsible
Insurances for Animal Damage
There are various insurances that can cover damage caused by animals.
Overview of Insurances
| Type of Insurance | Coverage |
|---|---|
| Liability Insurance (AVP) | Damage by pets such as dogs |
| Special Horse Insurance | For damage caused by horses |
| Livestock Farmer's Business Insurance | Liability for livestock |
| Private Accident Insurance | Own injury caused by animal |
Step-by-Step Plan for Dog Bite in Rijswijk
- Seek immediate medical help and document the injury
- Collect contact details of the owner
- Report serious incidents to the police
- Ask for the liability insurance
- Hold the owner liable in writing
- In case of serious injury: contact an expert
Practical Advice
- Document the incident immediately (photos, witnesses)
- Always have bites medically checked (risk of infection)
- Ask the possessor for insurance information
- Be aware of possible own fault defense
- In case of serious injury, engage a lawyer via, for example, the Juridisch Loket Rijswijk
Relevant Institutions in Rijswijk
For legal assistance, you can go to the Juridisch Loket Rijswijk. Cases are handled by the District Court of The Hague, under which Rijswijk falls.
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