If a dog bites you, the owner is often responsible for the damage caused. In Zoetermeer, you can file a compensation 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 a dog 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 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 for your health:
- Deep wounds from biting
- Risk of infections
- Permanent scars
- Nerve damage
- Psychological impact, such as fear of dogs
Role of Contributory Negligence
The dog owner may argue that you yourself (partly) caused the incident:
| Circumstance | Contributory negligence? |
|---|---|
| Teasing or attacking the dog | Yes, often fully |
| Petting despite warning | Possibly in part |
| Unauthorized entry onto private property | Possibly in part |
| Simply walking past on public road | No |
What Damages Can You Claim?
As a victim of a dog bite in Zoetermeer, you can recover various costs:
- Medical costs at doctor or hospital
- Costs for scar treatment
- Pain and suffering compensation for pain and permanent damage
- Therapy for mental complaints
- Loss of income due to incapacity for work
Owner's Insurance
Many dog owners in Zoetermeer have liability insurance (AVP) that covers damage caused by their pet. You can submit your claim directly 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 in practice.Is filing a police report necessary after a dog bite?
Filing a report is not mandatory for a civil claim, but is recommended in case of serious injury. The police can investigate the situation and require the owner to take measures.What if my own dog bites me?
If you are the owner yourself, you cannot claim against anyone else. Damage to yourself is not covered by your own AVP insurance.Legal Assistance in Zoetermeer
For advice on personal injury from a dog bite, you can go to the Juridisch Loket Zoetermeer. In complex cases or disputes, the case can be brought before the District Court of The Hague (district).
Frequently Asked Questions about Dog Bites
How do I start a compensation claim after a dog bite in Zoetermeer?
Contact the dog owner and ask for 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 help if the case becomes complicated.
What if the owner refuses to pay?
If the owner or insurer does not pay, you can start legal proceedings. First send a formal demand letter. If there is no response, you can enforce payment through the court, possibly with the help of a lawyer.
How is pain and suffering compensation calculated for a dog bite?
The amount of pain and suffering compensation depends on the severity of the injury, recovery time, and permanent consequences such as scars or fear. Guidelines and previous cases serve as a basis, but an expert can assess your situation specifically.
Will I get compensation if I provoked the dog?
If you partly caused the incident (for example, by teasing the dog), contributory negligence may apply. This can reduce or even nullify your compensation. Legal advice is advisable in that case.
Should I see a doctor after a dog bite, even for a small wound?
Yes, always visit a doctor, even for a small bite. Infections or underlying damage are not always immediately visible. A medical report is also crucial for your claim.
What if the biting dog is a stray?
With a stray dog, you cannot hold an owner liable. Some municipalities, possibly including Zoetermeer, have a fund for damage caused by stray animals. Inquire with the local government or animal ambulance for options.