If a dog bites you, the owner is often responsible for the damage. In Utrecht, you can file a claim for personal injury against the dog owner.
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 is a form of 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:
- Large and deep wounds
- Risk of infections
- Permanent scars
- Nerve damage
- Psychological impact, such as fear of dogs
Role of Contributory Negligence
The owner may argue that the victim is partly at fault for the incident:
| Circumstance | Contributory Negligence? |
|---|---|
| Teasing or attacking the dog | Yes, often fully |
| Petting despite warning | Possibly in part |
| Entering private property uninvited | Possibly in part |
| Simply walking down the street | No |
What Compensation Can You Claim?
As a victim of a dog bite in Utrecht, you can recover various costs:
- Costs for medical care
- Scar treatment
- Pain and suffering compensation for pain and permanent damage
- Therapy for psychological complaints
- Loss of income
Dog Owner's Insurance
Many dog owners in Utrecht have liability insurance (AVP) that covers damage caused by their pet. You can submit your claim 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 complicated.Is filing a police report necessary after a dog bite?
It is not mandatory for a civil case, but it is recommended in case of serious injury. The police can investigate the situation and compel the owner to take action.What if my own dog bites me?
In that case, you cannot claim against anyone else, as you are the owner yourself. Liability insurance (AVP) does not cover damage to yourself.Assistance in Utrecht
For legal support, you can go to the Juridisch Loket Utrecht at Catharijnesingel 55. In addition, the District Court of Midden-Nederland (Vrouwe Justitiaplein 1) handles cases involving personal injury from dog bites.
Frequently Asked Questions about Dog Bites
How do I start a damage claim after a dog bite in Utrecht?
Contact the dog owner and ask for their liability insurance (AVP) details. Submit a written claim with evidence such as medical reports and photos. A personal injury lawyer can assist with complex cases.
What if the owner refuses to pay?
If the owner or insurer does not pay, you can initiate legal proceedings via the court in Utrecht. First send a formal demand letter and consider engaging a lawyer.
How is pain and suffering compensation calculated?
The amount depends on the severity of the injury, recovery time, and permanent consequences. Previous cases and guidelines are used as a basis, but an expert can provide a specific estimate.
Will I get compensation if I provoked the dog?
If you provoked the dog, contributory negligence may apply, which can reduce or cancel the compensation. Legal advice is advisable in that case.
Should I see a doctor after a minor bite?
Yes, even minor bites can cause complications such as infections. A doctor's visit also provides evidence for your claim. Consider disinfection and a tetanus shot.
What if the dog is a stray?
With a stray dog, you cannot hold an owner liable. Some municipalities in the Utrecht region have funds for damage caused by stray animals. Inquire with the local government or animal ambulance.