A dog bite can have physical and psychological consequences. Whether compensation can be claimed depends, among other things, on the damage, the facts surrounding the incident, and the person who is legally considered the possessor of the dog.
In this comprehensive article, we explain step by step who is liable for a dog bite, what damages you can claim, and what you should do immediately to secure your rights.
How common is personal injury from a dog bite?
Dog bites can lead to wounds, scars, infections, or anxiety. Children, postal workers, runners, and passers-by may be involved, but the consequences and legal assessment differ per incident.
Precisely because a dog bite happens unexpectedly, the consequences are often drastic.
Who is liable for a dog bite?
Article 6:179 of the Dutch Civil Code (BW) stipulates that the possessor of an animal is in principle liable for the damage caused by the animal. Who the possessor is must be determined on a case-by-case basis; this is not always the same as the person who is called the owner in everyday language. See Article 6:179 BW.
Article 6:179 BW refers to the possessor of the animal. The question of who the possessor is and how any defense will turn out must be assessed on the basis of the specific circumstances.
What does strict liability mean?
This regulation is often called strict liability (risicoaansprakelijkheid). For an appeal to Article 6:179 BW, it is not required that the possessor made a mistake, but the application of the rule and any defenses depend on the facts of the incident.
Therefore, personal injury from a dog bite is often legally well recoverable.
Does liability also apply if the dog was on a leash?
The fact that a dog was on a leash does not in itself determine who is liable. The question remains who the possessor was and what facts and possible defenses play a role in the incident.
Whether liability or the amount of compensation can be influenced depends on the facts, the possession relationship, and any contributory negligence. A general fixed exception rule does not fit here.
What if the dog belongs to someone else?
When someone else temporarily walks or takes care of the dog, it must be investigated who is legally considered the possessor. Factual power can be important for a presumption of possession, but someone can also keep an animal for someone else. The District Court of Rotterdam illustrates this factual assessment in ECLI:NL:RBROT:2022:348.
Who is liable and whether an insurer provides coverage depends on the circumstances. It is therefore important to properly record the possession relationship, the incident, and the damage.
Personal injury from a dog bite in children
Children are extra vulnerable to dog bites and can experience physical and psychological consequences. Even with a child, liability must be assessed on the basis of the facts, the possession relationship, and any circumstances of the incident.
For children too, there is no automatic outcome; liability is assessed on the basis of the facts, the possession relationship, and any circumstances of the incident.
What damages can you claim after a dog bite?
After personal injury from a dog bite, you can claim various items of damage. This involves not only medical costs, but also other forms of damage.
Material damages
- costs of medical treatment;
- medication and bandages;
- travel expenses to a doctor or hospital;
- costs for domestic help;
- damaged clothing or belongings.
Loss of income
Are you temporarily or permanently unable to work due to the injury? Then you can claim loss of income. Loss of earning capacity may also be eligible for compensation.
Pain and suffering compensation (Smartengeld)
In addition to financial damage, you are often entitled to pain and suffering compensation (smartengeld). This compensation compensates for pain, anxiety, scars, and reduced enjoyment of life. You can read more about this on our page pain and suffering compensation for personal injury.
Psychological damage after a dog bite
Personal injury from a dog bite is not always purely physical. Many victims develop anxiety, sleep problems, or avoidance behavior.
This psychological damage may also be eligible for compensation, provided the connection with the dog bite is plausible.
What should you do immediately after a dog bite?
After a dog bite, it is important to act quickly and carefully. This increases your chances of full compensation.
- have the wound treated medically immediately;
- take photos of the injury;
- note down the details of the dog and the owner;
- ask for contact details of witnesses;
- keep medical documents and receipts of expenses;
- seek legal advice.
More general information can also be found on our page personal injury lawyer.
What if the dog is not insured?
Private liability insurance may offer coverage, but this depends on the policy and circumstances. If coverage is lacking, it must be assessed who is liable and what recovery options exist.
Even without insurance coverage, legal options may exist, but the recovery options must be assessed per case file.
Can the owner invoke contributory negligence?
A possessor can argue that the victim’s behavior contributed to the incident. Whether contributory negligence plays a role depends on the facts and the evidence. The assessment is therefore not limited to one fixed exceptional situation.
The consequences of contributory negligence are assessed per case file; they do not exclusively follow from one type of behavior.
Evidence in personal injury from a dog bite
Even when an appeal to Article 6:179 BW is possible, evidence remains important. Think of the circumstances of the incident, medical data, photos, witnesses, and information about the dog and the possession relationship.
We actively help clients in collecting and structuring this evidence.
Statute of limitations: how long do you have to claim damages?
A claim for damages due to personal injury from a dog bite generally expires after five years from the moment you know who is liable and that you have suffered damage.
Different rules apply to minors. Therefore, do not wait too long.
Does legal assistance cost me money?
The costs of legal assistance depend on liability, agreements with the legal aid provider, insurance coverage, and the circumstances of the case file. Have it clearly recorded in advance which costs and recovery options are at issue.
Why choose Arslan Advocaten?
We have extensive experience with cases concerning personal injury from a dog bite. We know the legal pitfalls, know how insurers operate, and are committed to full compensation.
In addition, we communicate clearly, act promptly, and guide you personally.
Do you want to know if you are entitled to compensation after a dog bite? Feel free to contact us for a no-obligation assessment.
Read also
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Frequently asked questions
Who is liable in most cases for a dog bite?
Article 6:179 BW links liability in principle to the possessor of the dog. Who the possessor is, is assessed on the basis of the factual circumstances and is not always the same as who is called the owner in everyday language.
Does the fact that the dog was on a leash affect liability?
The fact that a dog was on a leash does not in itself determine who is liable. The possession relationship and the circumstances of the incident must be assessed.
Can I get compensation if the dog belonged to someone else?
That depends on who is legally considered the possessor of the dog, the damage, and the circumstances of the incident. Factual power can be relevant here, but is not always decisive.
What types of damage can I claim after a dog bite?
Depending on liability and the specific damage, medical costs, loss of income, material damage, and psychological damage may be at issue.
