What should I do about damage caused by an unleashed dog?

Questioner

Good day, my daughter has a little dog hit with her bike. It was on a public road/parking lot. According to her, the dog was not on a leash, which in my opinion places the main blame on the dog owner. But what if the owner insists that the dog was on a leash, what then? Then it becomes a yes/no story. Incidentally, there is indeed a footpath, but the dog and its owner were not walking there. Kind regards

Lawyer

In principle, the person who caused the damage (your daughter) is liable for the damage. In the case of minors, the parents are liable. However, if the owner did not put the dog on a leash while this is required, the liability shifts to the owner. He will then have to prove that the dog was on a leash. If you cannot reach an agreement and this leads to a legal dispute, please contact me for further assistance.