Dog Bite Liability: Your Questions Answered

Questioner

My dog ​​goes to the dog walking service every day. During a walk in an off-leash area, a disagreement arose between several dogs. A third wanted to separate the dogs, whereupon my dog ​​bit that person. Again, the dog was with a paid dog walking service and I, as the owner, was not present. Where does the liability lie now?

Lawyer

Normally the owner of the animal, but in this case I would suggest the dog walker or the person who tried to separate the dogs themselves, as they know that this is very risky and they risk getting bitten.

Lawyer

An annoying situation. The law states that the owner of a dog is liable if the dog bites a third party out of its own energy. A dog walking service is not seen as an owner, but as a holder. That means that you are liable according to the law. Even if you were not in the vicinity. The third party may be at fault if he or she has acted carelessly. If you have liability insurance (or some insurance) then I advise you to report the damage there quickly. This damage is covered by almost all liability insurances. The insurer will then compensate the damage and address the possible own fault of the third party. If you do not have insurance, please read the general terms and conditions of the exhaust service. There may also be provisions there regarding liability. But unfortunately, according to the law, you as the owner are liable. Success

Lawyer

Dear questioner, The question here is whether you - as the owner - are liable. Your dog was at the dog walking service. In that case, the liability rests with the dog walking service because they 'used' your dog in the exercise of a business. You can find this in articles 6:179 and 6:181 of the Civil Code. I therefore consider the dog walking service liable. I advise you to report this case to your liability insurer. They will assess the situation legally and possibly deny liability on your behalf. If you are liable, they will compensate the damage on your behalf. I wish you the best of luck.

Lawyer

Mr. Van den Enden is the only one who is right about liability. You, as the owner of the dog, are liable for the damage to the person who separated the dogs. The dog walking service did not use your dog in the exercise of its business. This would be the case if, for example, customs used your dog to detect drugs* or a security guard to walk his rounds. There is something to be said for the third party acting carelessly by separating the dogs. However, as a dog owner I can say that you do something like that almost out of reflex. I therefore find it difficult to predict to what extent it would hold up to hold that person (partly) liable. As already mentioned, if you have an AVP (Personal Liability Insurance), inform them of the incident. They will then handle the handling. If you do not have such insurance, you may be able to hold the walking service liable for the damage. Please note that this does not affect your (legal) obligation to compensate the third party. * Perhaps not the best example to use when looking at customs as a business, but it hopefully sheds some light on the difference in 'use'.

Lawyer

I do not agree with Mr Van Rosmalen. I will explain why below. The highest court in the Netherlands has namely determined in a ruling (Supreme Court 1.4.2011 NJ 2011 no. 405 with note Tjong Tjin Tai, JA 2011 no. 56 with note Kolder) that for the application of article 6:181 BW it is not relevant whether the person who runs the business is the owner or keeper of the animal, nor whether the purpose for which the animal is used has almost been achieved. Nor may it be required that he uses the animal sustainably and for his own benefit. The Supreme Court ruling concerned a riding school that trained a horse for the benefit of the owner. The riding school was liable. In your case, a similar situation applies, namely the dog walking service walked your dog for you. This means that the dog walking service is liable.

Lawyer

A clear addition from Mrs. Smit. But please also first look at the general terms and conditions that apply to the agreement with the dog walking service. These terms and conditions almost certainly state that the dog walking service excludes liability for cases. The best advice I can give you is to at least report the damage to your liability insurer.

Lawyer

I have to come back to my previous answer. Thank you Mrs Smit, for your addition and reference to the HR ruling. My interpretation of 'use' was indeed incorrect.