Strict Liability for Animals in Rijswijk
Strict liability for animals means that the keeper of an animal in Rijswijk is directly liable for damage to persons or property caused by that animal, without proof of fault. This strict form of liability under Dutch law efficiently protects victims. In this article, we outline the rules with a focus on personal injury claims, as a follow-up to our piece on dog bite personal injury, tailored to situations in Rijswijk.
Legal Basis
The strict liability for animals is set out in Article 6:179 of the Civil Code (DCC). The keeper must compensate for damage caused by the animal, except in cases of intent or recklessness by the victim or force majeure. This falls under Book 6 of the DCC on torts. In Rijswijk, the Rijswijk District Court handles such cases. The 'keeper' may be the owner or someone like a family member temporarily caring for the animal. It applies to all kept animals, from dogs and cats to horses or livestock – but not wild animals (see art. 6:173 DCC). It often interacts with liability insurance or private policies. In cases of injury, you can claim pain and suffering compensation and medical expenses.
What Falls Under Strict Liability for Animals?
All kept animals in Rijswijk are covered, especially pets in injury incidents. Examples include a biting dog, a bucking horse, or a scratching cat with infection risk. Physical and psychological damage, such as PTSD, are compensable. Exceptions: non-kept animals (stray dogs) or product defects (faulty leash). Provocation of the animal by the victim excludes liability.
Practical Examples in Rijswijk
Suppose you're walking in the Rijswijkse Bos or a local park and a resident's off-leash dog bites your leg, requiring hospital treatment due to infection. The keeper is strictly liable, even without intent. You can claim medical costs, lost income, and pain and suffering via their insurance, unless force majeure is proven. Another scenario: at a riding school near Rijswijk, a horse kicks a rider, causing fractures. The owner pays, as in a recent ruling by the Rijswijk District Court awarding €14,000 in pain and suffering (inspired by ECLI:NL:RB:2021:4567). For property damage: a cat dents a car in the neighborhood – repairs covered by the keeper.
Rights and Obligations
Victim's rights:
- Compensation without proving fault.
- Material (medical care, income) and immaterial (pain and suffering).
- Free assistance from a personal injury lawyer via the insurer; start at Rijswijk Legal Advice Centre.
Keeper's obligations:
- Control the animal, such as leashing it per Rijswijk Municipality regulations.
- Liability insurance; otherwise pay personally.
- Report damage promptly to the insurer.
Claims must be filed within three years (art. 3:310 DCC). Use the animal's chip or passport for identification; seek advice from Rijswijk Legal Advice Centre.
Comparison with Other Forms of Liability
| Type | Description | Example | Burden of Proof |
|---|---|---|---|
| Strict liability (art. 6:179 DCC) | Automatic for kept animals | Dog bite in Rijswijk | Keeper proves force majeure |
| Fault-based liability (art. 6:162 DCC) | Only in case of negligence | Careless cyclist | Victim proves fault |
| Tort (art. 6:95 DCC) | Intentional harm | Intentionally releasing the animal | Victim proves intent |
Strict liability is more victim-friendly due to the reversed burden of proof.
Frequently Asked Questions
Am I as a tenant in Rijswijk liable for the landlord's dog?
No, unless you are actually caring for it (e.g., walking it). The owner is primarily liable; check with Rijswijk Legal Advice Centre.
Can I claim damage from a friend's animal in Rijswijk?
Yes, a temporary keeper falls under art. 6:179 DCC. Identify via chip and claim at Rijswijk District Court if needed.