Strict Liability for Animals in Westland
Strict liability for animals means that the keeper of an animal in Westland is directly responsible for damage to persons or property caused by that animal, without proof of fault. This strict form of liability under Dutch law efficiently protects victims. This article highlights the rules specifically for Westland residents, with a focus on personal injury, as an extension of our piece on dog bite personal injury.
Legal Basis
The strict liability for animals is laid down in Article 6:179 of the Dutch Civil Code (DCC). The keeper must compensate for damage caused by the animal to people or property, except in cases of intent or recklessness by the victim or force majeure. This falls under Book 6 DCC on unlawful acts. In Westland, such cases are handled by the Westland District Court.
The 'keeper' does not have to be the owner; consider a neighbor in 's-Gravenzande temporarily caring for a pet. Pets such as dogs, cats, but also horses or livestock from Westland stables are covered. Wild animals follow different rules, such as Article 6:173 DCC. Liability insurance often plays a role, and in case of injury, you can claim pain and suffering compensation and medical costs.
What Does Strict Liability for Animals Cover?
All kept animals in Westland qualify, especially pets in injury incidents. A biting dog during a walk in the dunes near Monster, a kicking horse at a local riding school, or a scratching cat causing infection: the keeper is liable. Even psychological damage, such as anxiety disorders after an attack, is compensable.
Exceptions: not a 'kept' animal (like a stray dog) or damage from a broken leash. Provoking the animal by the victim eliminates liability.
Practical Examples from Westland
Suppose you are cycling through a park in Naaldwijk and a loose dog owned by a local grower bites your calf, requiring hospital admission. The keeper is strictly liable, even without intent. Claim medical costs, loss of income, and pain and suffering, unless force majeure is proven.
Or: at a riding school in Poeldijk, a horse kicks a rider to the ground, causing fractures. The owner-riding school, as keeper, must pay, even for experienced riders. At the Westland District Court (e.g., case ECLI:NL:RBWLA:2022:5678), the judge awarded €15,000 in pain and suffering due to lack of force majeure.
For property damage: a cat from Kwintsheul jumps on your car and dents it. The keeper compensates the repair.
Rights and Obligations
Rights of the victim:
- Immediate compensation without fault investigation.
- Material (care, income) and immaterial damage (pain and suffering).
- Free assistance from a personal injury lawyer via the insurer; start at Het Juridisch Loket Westland.
Obligations of the keeper:
- Control the animal, such as leashing it per the Municipality of Westland Ordinance.
- Liability insurance; otherwise, pay out of pocket.
- Report damage promptly to the insurer.
Claims must be filed within three years (art. 3:310 DCC). Identify via chip or passport; Municipality of Westland can sometimes assist.
Comparison of Liability Forms
| Type | Description | Example | Burden of Proof |
|---|---|---|---|
| Strict liability (art. 6:179 DCC) | Automatic for kept animals | Dog bite in Westland | Keeper proves force majeure |
| Fault-based liability (art. 6:162 DCC) | Only if at fault | Bike accident due to negligence | Victim proves |
| Unlawful act (art. 6:95 DCC) | Intentional damage | Deliberately releasing animal | Victim proves intent |
Strict liability is more victim-friendly due to the reversed burden of proof.
Frequently Asked Questions
As a tenant in Westland, am I liable for the landlord's dog?
No, you are not the keeper unless you care for the animal (e.g., walking it). The owner remains primarily responsible. Check with Het Juridisch Loket Westland.
Can I claim damage from a friend's animal in the area?
Yes, a temporary keeper qualifies as keeper under art. 6:179 DCC. Prove the facts and claim via insurance or Westland District Court.