Liability for Animal Damage - Legal Aid

Questioner

Good morning. This week my cat was attacked by a dog. I politely asked this gentleman in a letter to contact his third party insurance because there were considerable costs because my cat had to be operated on. It has now been 4 days and I have not heard anything. Can I sue this gentleman and take it to court? If so, how do I do that? Kind regards. *

Lawyer

You can formally hold the owner of the dog liable by registered letter and demand compensation for the damage (please include copies of the invoices). If that does not help, you can hire a lawyer. This is my specialization and I will be happy to help you with this. Please feel free to contact me without obligation.

Lawyer

The owner of an animal is legally liable for damage caused by this animal under Article 6:179 of the Dutch Civil Code. Whether the owner of the dog is liable in this case depends on the circumstances and cannot be directly inferred from your question. The second part of art. 6:179 BW contains an exclusion of liability. For the conditions for exclusion of liability, please see: http://www.aansprakelijkheidsrecht.com/h13/1305.htm If you are certain that the owner is reasonably liable - bearing in mind that the cat was apparently roaming freely and you may therefore also have been negligent - you should at least take the following steps: The first step is to send a registered letter with acknowledgement of receipt to the owner of the dog in which you hold him liable for the damage you have suffered due to the dog's behavior on the basis of article 6:179 BW. You request the owner to pay the costs to you within three weeks. If the term expires and the owner does not respond, you can start a collection procedure with a lawsuit attached to it. If the owner denies liability, you can go straight to court. If you win the lawsuit, you can have a bailiff seize a bank account, movable and immovable property, and wages or benefits. I advise you to contact a lawyer. You may be eligible for subsidized legal aid. You can contact one of the lawyers on this website, a legal aid shop or law shop in your area or Het Juridisch Loket (0900 8020) or: http://www.juridischloket.nl/Pages/default.aspx

Lawyer

The owner of an animal is legally liable for damage caused by this animal under Article 6:179 of the Dutch Civil Code. Whether the owner of the dog is liable in this case depends on the circumstances and cannot be directly inferred from your question. The second part of art. 6:179 BW contains an exclusion of liability. For the conditions for exclusion of liability, please see: http://www.aansprakelijkheidsrecht.com/h13/1305.htm If you are certain that the owner is reasonably liable - bearing in mind that the cat was apparently roaming freely and you may therefore also have been negligent - you should at least take the following steps: The first step is to send a registered letter with acknowledgement of receipt to the owner of the dog in which you hold him liable for the damage you have suffered due to the dog's behavior on the basis of article 6:179 BW. You request the owner to pay the costs to you within three weeks. If the term expires and the owner does not respond, you can start a collection procedure with a lawsuit attached to it. If the owner denies liability, you can go straight to court. If you win the lawsuit, you can have a bailiff seize a bank account, movable and immovable property, and wages or benefits. I advise you to contact a lawyer or attorney. You may be eligible for subsidized legal aid. You can contact one of the lawyers on this website, a legal aid shop or law shop in your area or Het Juridisch Loket (0900 8020) or: http://www.juridischloket.nl/Pages/default.aspx

Lawyer

Annoying, especially that the owner of the dog does not respond. But that unfortunately happens very often. There is little need for discussion about liability. According to article 179 of book 6 of the Civil Code, the owner of an animal is liable for damage caused by that animal. That is, as we so nicely call it, a risk liability. For the application of this article it is important that your cat was attacked by the dog's own actions. So not incited by its owner. In the latter case the owner is also liable as possessor. But not on the basis of the article of law. I would send a registered letter to the owner and hold him liable. Also write in the letter that you advise the owner to report the damage to his AVP insurer (liability insurer). They can then settle the damage with you. You should mainly see damage as costs of the vet. Your cat is not entitled to compensation for pain and suffering. A lawsuit will be the outcome of this unpleasant event. If you have any questions, please let me know.

Lawyer

Just like a human being, the owner of an animal is liable for the damage caused. In that case, you can recover the damage from the owner of the dog. You can send a registered letter to this owner yourself. If the owner does not respond, you can also choose to have a legal letter written. This often gives a letter more weight and the other party will often proceed to pay the damage. For more information about this, you can contact us. If the owner has taken out liability insurance, he can recover from his own insurance. If he does not provide insurance, he will have to bear the costs himself. If you have any questions, please feel free to contact me personally.