If a dog bites you in Westland, you can hold the owner liable for the damage suffered. This can lead to compensation for your injuries.
Liability of the Dog Owner
According to Article 6:179 of the Civil Code, the owner of a dog is responsible for damage caused by the animal. This falls under strict liability:
- It is not necessary to prove fault on the part of the owner.
- The owner remains liable, unless he can prove that the damage would also have occurred with optimal supervision of the dog.
Types of Injuries from Dog Bites
A dog bite can have serious consequences:
- Deep wounds from biting.
- Risk of infections.
- Permanent scars.
- Nerve damage.
- Psychological impact, such as fear of dogs.
Role of Contributory Negligence
In some cases, the owner may point to contributory negligence on the part of the victim:
| Circumstance | Contributory negligence? |
|---|---|
| Provoking or abusing the dog | Yes, often fully. |
| Patting despite warning | Possibly partly. |
| Entering property uninvited | Sometimes partially. |
| Simply walking past the dog | No. |
What Compensation Can You Claim?
As a victim of a dog bite in Westland, you can recover various costs:
- Costs for medical care.
- Treatment of scars.
- Pain and suffering for pain and permanent damage.
- Therapy for psychological complaints.
- Loss of income due to incapacity for work.
Insurance and Dog Bites
Many dog owners in Westland 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, it is possible to levy attachment on assets, although this often proceeds laboriously in practice.Is filing a police report necessary after a dog bite?
Filing a report is not mandatory for a civil case, but is recommended in case of serious injury. The police can investigate the situation and oblige the owner to take safety measures.What if my own dog bites me?
If you are the owner yourself, you cannot claim compensation from another party. Your own AVP insurance does not cover damage to yourself.Frequently Asked Questions about Dog Bites in Westland
How do I start a damage claim after a dog bite?
Contact the dog owner and report the incident. Ask for the details of their AVP insurance. Then submit a written claim with evidence such as medical reports and photos. A personal injury lawyer can assist with complex cases. Keep all documents and receipts carefully.
What to do if the owner refuses to pay?
If the owner or insurer refuses to pay, you can initiate legal proceedings. First send a formal notice of default. If this yields no result, you can bring the case before the court, for example at the District Court of The Hague. Legal assistance via a lawyer or the Juridisch Loket Westland is recommended.
How is pain and suffering calculated for a dog bite?
The amount of pain and suffering depends on the severity of the injury, recovery time, and permanent consequences such as scars or fear. Judges base themselves on previous cases and guidelines. An expert can make an estimate based on your situation and medical reports.
Will I get compensation if I provoked the dog?
If you provoked the dog, contributory negligence may be assigned, which can reduce or cancel your compensation. Legal advice is useful to assess your chances.
Should I see a doctor after a minor dog bite?
Yes, even for minor bites, a doctor's visit is advisable. Infections or hidden damage can occur. In addition, a medical report is crucial as evidence for your claim. Also consider a tetanus shot.
What if the dog is a stray without an owner?
For a stray dog, you cannot hold an owner liable. Some municipalities, such as Westland, may have a fund for damage caused by stray animals. Contact the municipality or animal ambulance for assistance.