Who is liable for injuries caused by animals?
Normally, animals are among our greatest friends. Unfortunately, an innocent-looking dog, cat, or horse still act unexpectedly. Due to this “unpredictable behavior” of an animal , you can even injuries .
Determining liability for animals seems simple at first glance. The owner or possessor of an animal is always liable for your personal injury. However, attempts are almost always made to pin “contributory negligence” on you.
Therefore, if you have sustained injuries caused by an animal, in many cases you can (partially) recover your personal injury damages from the owner of that animal. Van der Toorn Personenschade is the specialist in the field of liability for animals and personal injury caused by animals.
In the Netherlands, if you've suffered personal injury, you're entitled to free legal assistance from a personal injury law firm. So our help is always completely FREE.
Liability for animals and personal injury caused by animals
If you suffer injury or damage caused by an animal, the owner or keeper of that animal is primarily liable.
You can claim damages, even if the animal ran away or the owner is not at fault for their animal's behavior. Liability for animals is regulated by law in Article 6:179 of the Dutch Civil Code and is also called strict liability.
Injuries caused by animals more often than expected have dire consequences for the victim. Injuries caused by animals are often severe. Head injuries, brain injuries, leg injuries, whiplash , and arm and shoulder injuries are the most common.
This type of injury often has lasting consequences for you as a victim. That's why it's important to seek legal assistance in cases of animal liability and animal-related injuries, especially when you know it won't cost you anything.
Animal Liability and Animal Injury: Examples
the most common practical examples:
1. You are bitten by a dog.
2. You are startled by a dog running towards you and fall or fall off your bicycle.
3. Someone's animal is startled, runs away in panic, and causes a traffic accident as a result.
4. Someone's animal causes a traffic accident in another way.
5. You fall off someone else's horse during a riding lesson.
6. You fall off someone else's horse during "free riding" or during a trail ride.
7. As an instructor at a riding school, you sustain an injury caused by a horse.
8. You are startled by other unexpected behavior of an animal and fall.
Animal Liability: The Unpredictable Behavior of the Animal
Liability for animals always concerns “the animal’s own energy and the unpredictable element inherent in it”.
If your injury is caused by an animal's own energy and the inherent unpredictability of that energy, the animal's owner is liable. Liability for animals must therefore always involve an animal's unexpected actions. For example, transmitting an infection through an animal is not covered by animal liability.
In some cases, the judge assumes that the victim is also at fault for their injuries. We see this particularly with injuries sustained by horses or while riding. In those cases, the judge often finds that someone knowingly and deliberately took a risk.
If you suffer personal injury in these situations, you may be held accountable for up to 50% of the damage. In other words, you will only receive compensation for 50% of your total personal injury damages.
Personal injury caused by animals
If you sustain injuries caused by an animal, you can very quickly incur financial damage. We call this financial damage personal injury. Your personal injury may consist of:
1. additional costs
2. loss of income (loss of income)
3. pain and suffering (compensation for non-material damage) and
4. your legal costs (the costs of a personal injury firm => read: our costs)
If you've suffered a loss of income, it's always best to seek legal assistance. Calculating these damages isn't easy and is ideally suited to a personal injury specialist. Legal assistance with personal injury claims is completely free of charge.
Our advice: legal assistance is a must and completely free of charge for you!
Liability for animals and animal-related injuries often lead to disputes, both regarding who is to blame and the nature of your injury and the amount of your damages.
You have to ask yourself whether you want to or can have that discussion yourself. You're always dealing with the animal owner's liability insurer. An insurance company, in other words. And everyone knows that an insurer sometimes puts their own interests first, not yours.
Especially when it comes to liability and serious injuries, it's important to have someone who's solely looking out for your interests. That's why we always recommend seeking legal assistance in cases of animal injuries, especially since it won't cost you anything.
Because your opponent is also obligated to reimburse your legal costs (i.e., our fees). This is stipulated in Article 6:96 of the Dutch Civil Code. This means our assistance is completely free of charge for you.
We will provide you with a clear written cost guarantee in advance, stating that our assistance will be completely free of charge.
So if the other party refuses to reimburse our costs, or only partially, that's our business risk, not yours. You don't have to advance our invoices upfront. In fact, you won't even see our invoices. They go directly to the other party, who must also settle them directly with us. And if they don't, it's our responsibility, not yours. We promise!
Injury caused by animals and need advice?
Van der Toorn Personal Injury is THE personal injury law firm in the Netherlands. Since 1999, we've been helping victims of animal injuries obtain just compensation. Our personal injury professionals assist you from start to finish, always FREE of charge.
If you need personal injury adviceor have questions about animal liability, please feel free to contact us. You can do so via the form on our website, by phone, email, or even chat. Whatever works best for you.
We offer honest and expert advice without any obligation. Afterward, you can decide for yourself what to do with our advice.
Ask your question now and receive initial free advice the same working day.
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What customers ask
Is your help really free for me?
Absolutely, our help is truly FREE.
Your counterparty is also obligated to reimburse your legal costs (i.e., our firm's fees). This is stipulated by law (Section 6:96 of the Dutch Civil Code).
At Van der Toorn Personal Injury, you'll receive a written cost guarantee upfront with a clear explanation. This also clearly states what you can expect from us and what we can expect from you.
We guarantee that the liable party will reimburse our costs. If they don't, it's our business risk. You'll never receive a bill from us. We promise!
Still unsure? Just contact us. We'd be happy to explain how our cost guarantee works.
If you'd like to learn more about our FREE personal injury assistance, click here. Clarity is paramount!
When can I claim personal injury damages?
You can claim damages for personal injury if you have suffered an injury (been injured) due to the fault of another person
Personal injury can be caused by, for example:
In addition, you may think of injuries sustained during:
- organized trip
- unsafe product or
- fall at someone else's home, in a shop or on the street
It's best not to wait too long to file a personal injury claim. It's best to do so immediately after the accident.
Even if it is not yet clear at that time what your injury and its financial consequences consist of.
However, someone else must liable and must have taken out liability insurance for this (AVP/AVB/WA).
However, even if you caused the accident yourself, you can sometimes still claim compensation for personal injury. For example, if you SVI (Passenger Injury Insurance) or SVO (Opzittende Inschadende).
Are you unsure whether and when you are entitled to personal injury compensation?
Don't hesitate to contact us now for a free, no-obligation consultation. It's free , and you'll know exactly where you stand. Afterward, you can decide for yourself what to do with our advice.
What injuries do you treat?
We can actually help you with all types of personal injury
Van der Toorn Personal Injury can help you with all types of injuries. We specialize in handling "serious personal injuries," such as:
- brain injury (ABI)
- spinal cord injury
- burns
- dystrophy
- bone fractures and
- cosmetic injury.
But of course, we are also very happy to be there for you if someone else has sustained an injury. Such as neck injuries, whiplash, back injuries, bruises, sprains, dog bites, temporary injuries, and you name it.
We cannot help with all types of personal injury
The only thing we cannot help you with is personal injury caused by:
- violence
- medical errors and/or
- situations of abuse.
In that situation, we will of course refer you to a party that is specialized in this.
Always request free, no-obligation advice on personal injury claims
Do you have questions about your personal injury? Or are you unsure if we're the right place for you?
Please do not hesitate to ask us for a complete and free, no-obligation personal injury claim consultation.
When should I contact you?
You don't have to! But it's in your best interest to contact us as soon as possible
Only then can you be certain that there is someone who thinks solely of your interests . Because that is our job: thinking of *your* interests.
But what is: as quickly as possible?
Sometimes an insurance company will contact you very shortly after the accident. They'll ask how you're doing and also ask for all sorts of other information.
You cannot know whether that insurer is asking “too many questions” from a legal perspective. About your health before the accident and which doctors you visited. You would rather avoid that, wouldn't you? So never wait too long to engage a personal injury firm.
It's also likely that you'll quickly incur significant expenses . Or your incomemay disappear. We'll handle the initial damage payments from the other party. Then you can focus on your recovery.
Would you like to know what's best for you? Don't hesitate to contact us , without obligation
We'll give you clear advice right away . Then you can decide for yourself what to do with it.
If we think we can help you, we will let you know right away.
At the same time, we guarantee that our legal assistance completely free of charge .
To learn more about our FREE personal injury assistance services, click here.
What personal injury compensation amounts am I entitled to?
The personal injury compensation amounts you are entitled to are:
Allowances for additional assistance, such as:
- household help, shopping, taking children to school, etc.
- help in the garden and
- help with the maintenance and painting of your home.
In addition, your personal injury may have consequences for your income, such as:
- income that is not fully paid (self-employed person, temporary worker, zero-hour contract, etc.)
- no more irregular hours allowance
- no longer being able to work overtime
- missed promotions and
- missed pension accrual
Finally, you can consider other equally important personal injury compensation amounts, such as:
- Study delay
- Reintegration costs for guidance to other work
- Costs associated with admission to a hospital or rehabilitation center
- Travel expenses
- Medical expenses
- Non-pecuniary damages
- Economic vulnerability
- Statutory interest
- Furthermore, all costs that you would not have incurred without the accident…
- For example, the wages you did not receive because you could not go to work.
- Gasoline because you had to go to the hospital or the physiotherapist.
- Medicines that were covered by your deductible.
In addition, you are always entitled to compensation for pain and suffering, also known as non-material damages.
This is compensation for "loss of enjoyment of life." Your damages should compensate you for your grief, pain, and anything else that might have made you less happy than before the accident.
Unfortunately, Dutch law is not generous in awarding damages for pain and suffering. Therefore, the amounts awarded in the Netherlands are not considered "fair enough.".
If you'd like to learn more about non-pecuniary damages, click here. If you'd like to learn more about personal injury damages, click here.
Calculating non-pecuniary damages
Calculating non-pecuniary damages:
You are always entitled to compensation for pain and suffering. This is the "non-pecuniary component" of your personal injury compensation.
What is non-pecuniary damages?
Pain and suffering compensation is not in itself a “hard legal term”. It is compensation for damage that cannot be expressed in monetary terms.
So, everything that doesn't fall under additional costs or lost income. It's essentially compensation for your "mental damage.".
How to calculate non-pecuniary damages
People often ask us at the very beginning of their personal injury case how much compensation they are entitled to.
That question is actually impossible to answer. And any personal injury lawyer who claims otherwise is mistaken.
When can you calculate my non-pecuniary damages?
Your compensation for pain and suffering can only be definitively determined at the end of your personal injury case.
Only then will it be known what psychological consequences your injury has had and/or will have for you.
Because it is the psychological consequences that largely determine your compensation for non-pecuniary damages.
Important factors in calculating non-pecuniary damages
Important factors for calculating your non-pecuniary damages include:
- the nature of your injury
- the severity of your injury
- your age
- your gender
- your level of consciousness
- whether you will have permanent scars and where those scars are located
- whether you have physical limitations that affect your quality of life
- how much pain have you suffered and continue to suffer
- how long your recovery period was and
- whether you have recovered at all or whether there is permanent damage.
Indication calculation of non-pecuniary damages:
We cannot predict exactly how much your compensation for non-pecuniary damages will be.
What we can do is give you a general indication of the amount of your compensation for pain and suffering.
If this sounds appealing, contact us today for a free, honest consultation. Afterward, you can decide for yourself what to do with it.
We are happy to help you calculate and claim your compensation for pain and suffering and other personal injury damages, such as your additional costs and lost income.
And if you choose our legal assistance, we guarantee you in writing in advance that our assistance will always FREE .
Calculating non-pecuniary damages? Ask for advice! We're happy to help. Want to know more about calculating non-pecuniary damages? Click here.
Stories from the field
That conveyor belt just pulled two of my fingers along with it…
As a temp, I was assigned to work on a sort of assembly line. They explained to me that I had to clean the conveyor belt occasionally, otherwise it would get too cluttered and jam. After a week of working on the conveyor belt, I noticed it was starting to malfunction.
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