In the Netherlands, an estimated 48% of households have a pet. A pet is often a trusted member of the family, but remains unpredictable. A pet can (unexpectedly) attack other animals, cause noise pollution, or even attack people.
Article 179 of the Civil Code stipulates that the owner of a (domestic) animal is almost always liable for any damage caused by their animal. This applies not only to familiar pets such as dogs and cats, but also to animals such as horses or pigs.
According to the law, as the owner of an animal, you are strictly liable. This means that the owner of the animal is liable for any damage caused by the animal, even if it is not their fault. Even if an owner was not in the vicinity of the animal, they are still liable for the consequences of the animal's behavior.
Have you been injured by someone else's pet or animal? If so, it is advisable to contact a personal injury lawyer. A personal injury lawyer will help you hold the owner liable and claimcompensation.
A commercial user is also liable in the event of an accident involving an animal. For example, if an animal causes injury during a circus performance, the owner of the circus is responsible and therefore liable. This can be an advantage, because in many cases a company is better insured against (personal) injury and liability than a private individual.
There are many different types of animals with different behaviors. Below are a number of examples of situations in which you could sufferpersonal injurycaused by an animal:
It is possible that an animal has no owner. For example, you could be attacked by a stray cat orhave acar accident because you hit a deer or roe deer. In such cases, there is no party that you can hold liable; you are often left to bear the costs yourself.
In some cases, the relevant area manager may be liable, for example if insufficient measures were taken to prevent wild animals from running onto the road. These are often complex situations and it is advisable to seek non-binding advice from apersonal injury lawyer. A specialized lawyer can advise you on the feasibility and chances of success of a personal injury case.
Pleasecontactone of our personal injury lawyers. Joosten Advocaten will settle the matter directly with the animal owner's insurer and ensure maximum compensation.
