Damage caused by animals, such as dog bites, horse incidents or attacks by livestock, occurs regularly. In Utrecht, the keeper of the animal can be held liable based on strict liability.
Strict Liability for Animals
According to Article 6:179 of the Dutch Civil Code, the keeper of an animal is responsible for the damage caused by the animal, regardless of fault.
Characteristics of Strict Liability
| Characteristic | Explanation |
|---|---|
| No fault required | Liability applies even without negligence |
| Unpredictable behaviour | Damage from spontaneous actions of the animal |
| Keeper responsible | The person keeping the animal, not necessarily the owner |
| Force majeure not applicable | Even in case of unexpected reactions of the animal |
Difference between Keeper and Owner
In Utrecht, the keeper is the person who has the animal under their care, which is not always the owner.
Practical Examples
- A horse renter during the rental period
- A temporary pet sitter
- A riding school that keeps horses
- A farmer with livestock in the Utrecht region
Damage Caused by Animals: Common Incidents
In and around Utrecht, animals cause damage in various ways.
Typical Cases
Dog Bites
Common in Utrecht parks. The owner is liable, even if the dog is normally calm. Liability insurance often covers this.
Incidents with Horses
Horses can kick or panic. The keeper, such as a Utrecht riding school, is responsible for damage to others.
Escaped Livestock
If livestock escapes and causes damage, for example on the Utrecht ring road, the livestock farmer is liable.
Damage Caused by Cats
Cat keepers in Utrecht can also be liable for injuries from scratches or accidents.
Possible Defences of the Keeper
A keeper in Utrecht may attempt to contest or reduce liability.
Defence Options
| Defence | Chance of Success |
|---|---|
| Force majeure | Almost impossible, since the animal's own behaviour forms the basis |
| Victim's own fault | Promising, for example in case of provocation of the animal |
| Assumption of risk | Possible in case of conscious risk-taking, such as with experienced riders |
| Not the keeper | If someone else was responsible for the animal |
Victim's Own Fault in Utrecht Cases
If the victim themselves contributed to the damage, the compensation in Utrecht can be reduced.
Examples of Victim's Own Fault
- Provoking a dog in a Utrecht neighbourhood
- Ignoring warning signs at a riding school
- Riding a horse without experience in the region
- Entering a prohibited area with livestock
Damage by Wild Animals around Utrecht
For wild animals in Utrecht nature areas, standard keeper liability does not apply.
Specific Situations
- Wildlife on Utrecht roads: Usually no liable party, unless the road authority made errors
- Animals in nature areas: Limited responsibility for managers
- Escaped animals from Ouwehands Dierenpark: The zoo is liable
Insurance for Animal Damage in Utrecht
Various insurances provide coverage for damage caused by animals in the Utrecht region.
Important Insurances
| Type of Insurance | What is Covered |
|---|---|
| Liability Insurance (AVP) | Damage caused by pets such as dogs and cats |
| Special Horse Insurance | Damage related to horses |
| Agricultural Business Liability | Damage caused by farmers' livestock |
| Personal Accident Insurance | Own injuries from an incident with an animal |
Step-by-Step Plan for Dog Bites in Utrecht
- Seek immediate medical help, for example at UMC Utrecht
- Note the dog owner's details
- Report serious incidents to the Utrecht police
- Ask for the owner's liability insurance
- Send a written notice of liability
- Consult a personal injury expert in case of serious injury
Practical Tips for Utrecht Residents
- Document the incident with photos and witness statements
- Always see a doctor for bite wounds due to infections
- Request insurance information from the animal keeper
- Be aware of possible victim's own fault defence
- In case of serious damage, engage a Utrecht personal injury lawyer
Legal Assistance in Utrecht
For legal assistance, you can go to:
- District Court Midden-Nederland: Vrouwe Justitiaplein 1, Utrecht
- Juridisch Loket Utrecht: Catharijnesingel 55, Utrecht