Damage caused by animals, such as dog bites, accidents with horses or attacks by livestock, occurs regularly. In principle, the possessor of the animal is liable on the basis of strict liability.
Strict Liability for Animals
Pursuant to Article 6:179 of the Dutch Civil Code, the possessor of an animal is responsible for the damage caused by the animal.
Characteristics of Strict Liability
| Characteristic | Explanation |
|---|---|
| Fault not required | Liability applies even without negligence |
| Unpredictable behaviour | Damage caused by spontaneous actions of the animal |
| Possessor responsible | The person keeping the animal, not necessarily the owner |
| Force majeure rarely applicable | Even in case of unexpected actions by the animal |
Possessor or Owner?
The possessor is the person who has the animal under his care, which is not always the owner.
Practical Examples
- A horse renter is considered the possessor during the rental period
- A temporary pet sitter may be the possessor
- A riding school is the possessor of the horses it keeps
- A livestock farmer is the possessor of his animals
Damage Caused by Animals: Situations
Animals can cause damage to others in various ways.
Common Incidents
Dog Bites
This is the most common form of animal damage. The possessor is liable, even if the dog is normally calm. A liability insurance policy (AVP) often covers these costs.
Accidents with Horses
Horses can kick, bite or react unexpectedly. The possessor, such as 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 for the consequences.
Damage Caused by Cats
Cat possessors can also be liable, for example in case of scratch wounds or if the cat causes an incident.
Possible Defences of the Possessor
The possessor may try to reduce or avoid liability.
Defence Options
| Defence | Chance of Success |
|---|---|
| Force majeure | Almost never successful (unpredictability is the basis) |
| Victim's own fault | Promising (e.g. if the dog was provoked) |
| Assumption of risk | Sometimes possible (e.g. for experienced riders) |
| Not the possessor | Possible if someone else kept the animal |
Victim's Own Fault
If the victim has contributed to the damage himself, the compensation may be reduced.
Examples of Victim's Own Fault
- Deliberately irritating or provoking an animal
- Ignoring warnings with dangerous animals
- Horse riding without experience or supervision
- Entering a prohibited area with livestock
Damage Caused 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 made errors
- Animals in Nature Reserves: Manager has limited liability
- Escaped Zoo Animals: The zoo is responsible
Insurances for Animal Damage
Various insurances can cover damage caused by animals.
Types of Insurance
| Type of Insurance | Coverage For |
|---|---|
| AVP (pets) | Damage caused by dogs or cats |
| Horse insurance | Specifically for damage caused by horses |
| Business liability Livestock | Damage caused by livestock farmers' livestock |
| Own Accident Insurance | Own injury from incident with animal |
Step-by-Step Plan for Dog Bite in Zoetermeer
- Seek immediate medical help and document injuries
- Collect contact details of the dog owner
- Report the incident to the police in case of serious injury
- Ask for the owner's liability insurance details
- Send a written notice of liability to the owner
- Consult a personal injury expert in case of serious damage
Practical Tips for Zoetermeer
- Document the incident immediately (photos of injuries, witness statements)
- Always have animal bites medically checked (risk of infections)
- Request the possessor's insurance information
- Take into account a possible own fault defence
- For complex cases: contact a personal injury lawyer via the Juridisch Loket Zoetermeer
Relevant Authorities in Zoetermeer
For legal assistance, you can go to the Juridisch Loket Zoetermeer. Cases fall under the District Court of The Hague (district).