Damage caused by animals, such as dog bites, horse accidents or incidents with livestock, occurs regularly. In Westland, the keeper of the animal can be held liable based on strict liability.
Strict Liability for Animals
According to Article 6:179 of the Civil Code, the keeper of an animal is responsible for the damage caused by the animal, regardless of fault.
Key Aspects 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 rarely applicable | Even in case of unexpected actions by the animal |
Difference between Keeper and Owner
In Westland, 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 managing horses
- A farmer with livestock in the Westland region
Damage Caused by Animals: Common Incidents
Animals can cause damage in various ways, especially in an area like Westland with many agricultural activities.
Typical Situations
Dog Bites
Common in Westland. The owner is liable, even if the dog is normally calm. Liability insurance usually covers this.
Incidents with Horses
Horses can kick or react unexpectedly. The keeper, such as a riding school in Westland, is responsible for damage to others.
Escaped Livestock
If livestock in Westland escapes and causes damage, such as a traffic accident, the livestock farmer is liable.
Damage Caused by Cats
Even cat keepers in Westland can be liable for injuries from scratching or accidents.
Possible Defences for the Keeper
In Westland, the keeper can attempt to limit liability with legal arguments.
Relevant Defences
| Defence | Chance of Success |
|---|---|
| Force majeure | Almost never successful due to the nature of strict liability |
| Victim's own fault | Promising, for example in case of provocation of the animal |
| Assumption of risk | Sometimes applicable, such as for experienced riders |
| Not the keeper | Possible if someone else managed the animal |
Victim's Own Fault in Westland
If the victim themselves contributed to the damage, the compensation in Westland can be reduced.
Examples of Victim's Own Fault
- Provoking or irritating an animal
- Ignoring warnings at a farm
- Horse riding in the region without experience
- Entering a premises with animals without authorisation
Damage by Wild Animals in Westland
For wild animals, there is no standard liability for a keeper in the Westland region.
Specific Cases
- Wildlife on the Road: Usually no liable party, unless the road authority made errors
- Nature Areas: Limited responsibility of the manager
- Escaped Zoo Animals: The zoo is liable
Insurance for Animal Damage in Westland
Various insurances provide coverage for damage caused by animals in this region.
Overview of Insurances
| Type of Insurance | What is Covered |
|---|---|
| Liability Insurance (AVP) | Damage caused by pets such as dogs and cats |
| Specific Horse Insurance | Damage related to horses |
| Business Insurance for Farmers | Liability for livestock farmers in Westland |
| Personal Accident Insurance | Own damage from incidents with animals |
What to Do in Case of a Dog Bite in Westland
- Seek immediate medical help and document injuries
- Collect contact details of the dog's owner
- Report serious incidents to the police in Westland
- Ask for the owner's insurance policy
- Send a written liability claim
- Consult an expert in case of serious injury
Practical Advice for Westland
- Document the incident well with photos and witness statements
- Always have animal bites medically checked for infections
- Ask for insurance information from the keeper
- Be aware of possible victim's own fault defence
- In case of serious damage, engage a personal injury expert via Juridisch Loket Westland
Relevant Authorities in Westland
For legal assistance, you can go to the Juridisch Loket Westland. For court cases, this falls under the District Court of The Hague (district).