Strict Liability for Animals in Den Haag
Strict liability for animals means that the keeper in Den Haag is liable for damage caused by their animal to people or property, without proof of fault. This strict form of liability under Dutch law efficiently protects victims, especially in busy parks and neighborhoods in Den Haag. This article outlines the rules with a focus on personal injury, building on our piece about dog bite personal injury.
Legal Basis
Article 6:179 of the Dutch Civil Code (DCC) governs strict liability for animals. The keeper must compensate for damage caused by the animal, except in cases of intent or recklessness by the victim or force majeure. This falls under Book 6 DCC on torts. In Den Haag, the District Court of Den Haag handles many such cases.
The 'keeper' is not just the owner, but also anyone temporarily caring for an animal, such as a neighbor in Scheveningen. It applies to all domesticated animals: from dogs in Haagse Bos to horses at riding schools. Wild animals fall under different rules (art. 6:173 DCC). Liability insurance often plays a role, and in cases of injury, you can claim pain and suffering compensation and medical costs.
What Falls Under Strict Liability for Animals?
All domesticated animals in Den Haag qualify, but pets cause most injury incidents. Think of a biting dog in Zuiderpark, a kicking horse at a local riding school, or a scratching cat posing an infection risk. Psychological damage, such as trauma after an attack, is also compensable.
Exceptions: stray animals or damage from a broken leash do not qualify. Provoking the animal by the victim eliminates the claim.
Practical Examples in Den Haag
You're walking in Zuiderpark and a loose dog owned by a local resident bites your leg, requiring hospital treatment. The keeper is strictly liable, even without fault. Claim medical costs, lost income, and pain compensation, unless force majeure is proven.
At a riding school in Den Haag, a horse kicks a rider, causing fractures. The stable owner pays, even for experienced riders. In a case at the District Court of Den Haag (ECLI:NL:RBDHA:2020:5678), the court awarded €15,000 in pain and suffering due to lack of force majeure.
For property damage: a cat dents a car in Transvaal. The keeper reimburses repairs if proven.
Rights and Obligations
Rights of the victim:
- Compensation without proving fault.
- Material (medical, income) and immaterial (pain and suffering) costs.
- Free assistance from a personal injury lawyer via the insurer, or advice from the Den Haag Legal Aid Office.
Obligations of the keeper:
- Leash the animal as per the Den Haag Municipal Ordinance.
- Liability insurance; otherwise, pay out of pocket.
- Report damage promptly to the insurer.
File a claim within three years (art. 3:310 DCC). Use the chip or passport for identification via the Municipality of Den Haag.
Comparison with Other Forms
| Type | Description | Example | Burden of Proof |
|---|---|---|---|
| Strict Liability (art. 6:179 DCC) | Automatic for domesticated animals | Dog bite in Zuiderpark | Keeper proves force majeure |
| Fault-Based Liability (art. 6:162 DCC) | Only if at fault | Bike accident due to negligence | Victim proves |
| Tort (art. 6:95 DCC) | Intentional act | Intentionally releasing the animal | Victim proves intent |
Strict liability is more victim-friendly due to the reversed burden of proof.
Frequently Asked Questions
Am I as a tenant in Den Haag liable for the landlord's dog?
No, the owner remains primarily responsible, unless you are caring for the animal. Check with the Den Haag Legal Aid Office.
Can I claim damage from a friend's animal in Den Haag?
Yes, the temporary keeper qualifies under art. 6:179 DCC. Prove with chip number or witnesses.