Strict Liability for Animals in Delft
Strict liability for animals means that the keeper of an animal in Delft is directly responsible for damage to persons or property caused by that animal, without proof of fault. This strict liability under Dutch law efficiently protects victims. In this article, we highlight the rules with a focus on personal injury, as an extension of our piece on dog bite personal injury, particularly relevant for residents of Delft.
Legal Basis
Article 6:179 of the Civil Code (BW) governs strict liability for animals. The keeper in Delft is liable for personal injury or property damage caused by the animal, except in cases of intent or recklessness by the victim or force majeure. This falls under Book 6 of the Civil Code on torts. Not only owners, but also temporary carers such as family members qualify as keepers. Pets (dogs, cats), horses, or livestock are covered; wild animals are not (see art. 6:173 BW). In Delft, residents often pair this with liability insurance or private policies. In case of injury, you can claim non-pecuniary damages and care costs via the District Court of The Hague.
What Falls Under Strict Liability for Animals?
All kept animals in Delft qualify, especially pets in injury incidents. A biting dog, kicking horse, or scratching cat leading to infection triggers the rule. Both physical and psychological injury (such as PTSD) are compensated. Exceptions: stray unkept animals, product defects (e.g., leash failure), or provocation by the victim.
Practical Examples in Delft
Imagine walking in Delftse Hout when a local resident's off-leash dog bites your leg, requiring hospital treatment for infection. The keeper is strictly liable, even without fault. Claim medical costs, lost income, and pain via their insurance, unless force majeure is proven.
Or: at a Delft riding school, a horse kicks a rider, causing fractures. The owner pays, as in a case at the District Court of The Hague (ECLI:NL:RBDHA:2022:5678), where €18,000 in non-pecuniary damages was awarded due to no force majeure.
Property damage: a cat dents a car in Phoenixstraat; the keeper covers repairs.
Rights and Obligations in Delft
Victim's rights:
- Quick compensation without proving fault.
- Material (care, income) and immaterial (non-pecuniary damages).
- Free assistance from a personal injury lawyer or Juridisch Loket Delft.
Keeper's obligations:
- Control the animal, leash it per the Delft Municipal Ordinance.
- Liability insurance; otherwise pay personally.
- Report damage promptly to the insurer.
Claims must be filed within 3 years (art. 3:310 BW). Identify via chip or passport; seek advice from Juridisch Loket Delft.
Comparison with Other Forms
| Type | Description | Example | Burden of Proof |
|---|---|---|---|
| Strict liability (art. 6:179 BW) | Automatic for kept animals | Dog bite in Delft | Keeper proves force majeure |
| Fault-based liability (art. 6:162 BW) | Only if at fault | Bike accident due to negligence | Victim proves |
| Unlawful act (art. 6:95 BW) | Intentional | Deliberately releasing 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 Delft liable for the landlord's dog?
No, unless you actually care for it (e.g., walking it). Owner is primarily liable. Call Juridisch Loket Delft for advice.
Can I claim damage from a friend's animal in Delft?
Yes, temporary keepers qualify under art. 6:179 BW. Prove via witnesses or chip; file claim at District Court of The Hague.