Accident involving an animal

Injury caused by an animal: where do you stand?

Accidents involving animals happen more often than you think. The neighbor's dog suddenly lashing out, a horse startled during a trail ride, a cat feeling cornered, or a deer jumping onto the road at night – in all these situations, you can be injured through no fault of your own. Injuries range from deep flesh wounds and broken bones to permanent scars and psychological issues such as a fear of dogs or even PTSD.

What many people do not know is that the law protects you particularly well in these situations. Damage caused by animals is governed by strict liability: the owner is in principle liable, even if he or she is not at fault. Therefore, you do not have to prove that the owner made a mistake. This makes your position stronger than in many other accidents.

In this article, we explain step by step who is liable, what damages you can claim, and how best to proceed. Whether it concerns a dog bite, injury caused by a horse, a cat bite , or an animal hit by – here you can read what you are entitled to.

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Who is liable? The owner of the animal

The core of the matter lies in Article 6:179 of the Dutch Civil Code. It states that the owner of an animal is liable for the damage caused by the animal. The Besonderheit is that this is strict liability: the owner is liable even without being at fault for the accident. The reasoning behind this is that an animal possesses an inherent, unpredictable 'energy' that sometimes eludes control – and that the associated risk lies with the person keeping the animal.

In concrete terms, this means that you do not have to prove that the dog owner had not properly leashed their animal, or that the horse owner was negligent. The fact that the animal caused the damage is, in principle, sufficient. This is a major advantage compared to a 'regular' liability claim, where you do have to prove fault.

So who exactly is the 'possessor'? That is the person keeping the animal for themselves – usually the owner. Someone who is only looking after a dog temporarily is generally not the owner. In practice, damages are almost always paid for through the 's personal liability insurance (AVP) . Almost everyone has such insurance, and animals are covered by default. Therefore, you rarely hold the owner personally liable, but rather their insurer.

You can also claim as a co-owner: the Hammock ruling

A frequently asked question: what if the animal belongs to both you and your partner jointly, and you get injured? In the so-called Hangmat ruling, determined that a co-owner can also hold the other co-owner (and their insurance) liable. So, if you and your partner jointly own the dog that bites you, you can, in principle, still recover part of your damages from your liability insurance. This is legally complex, but well worth having assessed.

Commercially kept animals (riding school, kennel, farm)

The situation changes as soon as an animal commercially . Consider a horse at a riding school, a dog in a kennel, or livestock on a farm. In those cases, Article 6:181 of the Dutch Civil Code: not the possessor, but the person who uses the animal commercially is liable. Liability therefore shifts from the private owner to the business.

This is important for your claim, because you must hold the correct party liable. If you are kicked by a riding school horse during a riding lesson, you generally hold the riding school liable – not the owner of the horse. The riding school has business liability insurance for this. The same applies to injury caused by an animal on a farm or at a professional breeder.

Strict liability holds true here as well: the company is liable in principle, even without demonstrable fault. However, companies often attempt to defend themselves with arguments regarding contributory negligence or acceptance of risk (see below), particularly in activities such as horseback riding. Precisely for this reason, sound legal guidance is valuable in this context.

Contributory negligence and acceptance of risk

A liable party or insurer will by no means always simply compensate the full amount of the damage. A frequently used defense is contributory negligence, regulated in Article 6:101 of the Dutch Civil Code. If your own behavior contributed to the damage, the compensation may be (partially) reduced. For example: you ignored a clear 'biting dog' warning sign, or you approached a strange horse from behind while knowing that this was dangerous.

Related to this is the concept of risk acceptance. The insurer may argue that you consciously accepted the risk – for example, because you voluntarily mounted an inexperienced horse. However, in case law, risk acceptance is applied cautiously; the mere fact that an activity involves risks does not mean that you forfeit your right to compensation.

Also important is the 'unless' clause in Article 6:179 of the Dutch Civil Code. Strict liability applies 'unless' liability based on ordinary fault liability (Article 6:162 of the Dutch Civil Code) would have been absent if the possessor had had the animal in his own possession. This is an exception that rarely applies in practice, but insurers sometimes cite it. Do not let this discourage you: an expert assessment often makes the difference between a rejection and justified compensation.

What damages can you claim?

The damage resulting from an accident involving an animal can extend far beyond just the visible injury. In a personal injury case, we roughly distinguish two categories: material damage and non-material damage.

Material damage is all damage that can be expressed in monetary terms. Think of:

• Medical costs: deductible, physiotherapy, medicines, scar correction;
• Loss of income if you are (temporarily) unable to work;
• Travel expenses to doctor and hospital;
• Costs for domestic help and care;
• Damaged clothing, glasses, or phone;
• In the event of an animal being hit, also the damage to your car, bicycle, or motorcycle.

Non-material damage is pain and suffering: reimbursement for the suffering, pain, and grief you have endured. This amount can add up significantly, especially in the case of permanent scars and psychological complaints. You can find a complete overview of what you can claim on our page about compensation.

A reassuring point: the costs of legal assistance are themselves part of your damages. Pursuant to Article 6:96 of the Dutch Civil Code, the liable insurer must reimburse the reasonable costs of legal assistance. That is precisely why our assistance free of charge when there is a liable opposing party.

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How much compensation for pain and suffering do you receive (scars and anxiety)?

Pain and suffering compensation is always a case-by-case assessment. There is no fixed table; the amount depends on the nature and severity of the injury, the duration of recovery, and the impact on your daily life. In accidents involving animals, we see two items that strongly influence the amount: scarring and psychological distress.

A dog bite or horse kick frequently leaves permanent scars , sometimes in visible areas such as the face, hands, or arms. The more visible and disfiguring the scar, the higher the compensation for pain and suffering typically is. This weighs particularly heavily if the scar affects your self-confidence or your work.

In addition, people often underestimate the psychological consequences. After an attack by an animal, many victims develop a fear of dogs (cynophobia), nightmares, startle reactions, or even post-traumatic stress disorder (PTSD). For children , this is particularly severe: a dog bite at a young age can have a lasting impact on fear and avoidance behavior for years. These symptoms are fully taken into account when determining compensation for pain and suffering.

Would you like an indication of the total amount in your situation? Then use our page to calculate personal injury damages or read more about the amount of compensation for pain and suffering.

What should you do after an accident involving an animal?

The steps you take immediately after the incident strengthen your case file. Follow this checklist:

• Seek medical help. Always have a bite or wound assessed by a doctor – even a minor cat bite can become dangerously infected. A medical record serves as immediate proof.
• Record the owner's details. Name, address, and telephone number of the animal's owner, and the details of the animal itself.
• Look for witnesses. Ask bystanders for their names and contact details; their statements could be decisive later.
• Take photos. Photograph your injuries, the scene of the accident, and the animal if possible. Continue taking photos of the scars during recovery.
• Keep supporting documents and receipts. Keep track of all expenses: medication, damaged clothing, travel expenses.
• File a report or make a notification if necessary. In the event of a serious biting incident or a collision with an animal on the road.
• Seek help in time. Pay attention to the statute of limitations: a personal injury claim generally expires after five years. So do not wait too long.

Were you unable to take all the steps? Don't worry – even with limited evidence, it is often still possible to build a strong case. Just have your situation assessed.

Do I need a personal injury expert?

You are always allowed to file a claim yourself, but in practice, it almost always pays to engage an expert. Insurers know the law and the defenses like no other; they know exactly when they can invoke 'contributory negligence' or the 'unless' clause. Without a counterweight, you run the risk that your damages will be underestimated or that a legitimate claim will be rejected.

A personal injury expert ensures correct liability is established, fully substantiated all your claims for damages, and conducts strong negotiations with the insurer. Furthermore, we take into account damage that is not yet visible, such as scars that only become permanent later or psychological issues that develop gradually.

And most importantly: because the liable insurer pays our costs pursuant to Article 6:96 of the Dutch Civil Code , our assistance is completely free of charge for you as long as there is a liable opposing party. So you are not alone, and it costs you nothing to find out what you are entitled to. Feel free to contact us for a no-obligation consultation.