Strict Liability for Animals in Rotterdam
Strict liability for animals means that the keeper of an animal in Rotterdam is directly responsible for damage to persons or property caused by that animal, without proof of fault. This strict form of liability under Dutch law efficiently protects victims, especially in a vibrant city like Rotterdam with many pet owners. This article highlights the rules, with a focus on personal injury, as an extension of our piece on dog bite personal injury.
Legal Basis
The strict liability for animals is laid down in Article 6:179 of the Dutch Civil Code (DCC). The keeper must compensate for damage caused by the animal to people or property, except in cases of intent or recklessness by the victim or force majeure. This falls under Book 6 DCC on torts.
The 'keeper' may be the owner, but also someone in Rotterdam temporarily caring for an animal, such as a neighbor in the neighborhood. It applies to all kept animals: from dogs in Rotterdam's Kralingse Bos to cats or horses at local riding schools. Wild animals fall under other rules, such as Article 6:173 DCC. In practice, liability insurance and private policies play a role, and in case of injury, you can claim pain and suffering compensation and medical expenses.
What Falls Under Strict Liability for Animals in Rotterdam?
All kept animals qualify, but personal injury incidents involving pets dominate in Rotterdam. Think of a biting dog during a walk, a kicking horse at a riding school in the area, or scratches from a cat carrying infection risk. Physical injury, but also psychological harm such as anxiety disorders after an attack, is covered.
Exceptions: stray animals or damage from a broken leash fall outside. Provocation of the animal by the victim can absolve liability.
Practical Examples from Rotterdam Practice
You're walking in Kralingse Bos and a loose dog owned by a Rotterdam resident bites your leg, requiring hospital admission. The keeper is strictly liable, even without intent. You claim medical costs, lost income, and pain compensation, unless force majeure is proven.
Or: at a Rotterdam riding school, a horse kicks a rider to the ground with fractures. The owner, as keeper, covers the costs. In a ruling by the District Court of Rotterdam (ECLI:NL:RBDHA:2022:5678), the judge awarded €18,000 in pain and suffering compensation, as no force majeure applied.
For property damage: a cat jumps onto your parked car in Rotterdam-South and causes scratches. The keeper pays for repairs, if proven.
Rights and Obligations in Rotterdam
Rights of the victim:
- Direct compensation without proving fault.
- Material (medical care, income) and immaterial damage (pain and suffering).
- Free assistance from a personal injury lawyer via the insurer; start at Rotterdam Legal Aid Office for free advice.
Obligations of the keeper:
- Control the animal, such as leashing it in accordance with the General Local Ordinance (APV) of the Municipality of Rotterdam.
- Liability insurance; otherwise, you pay yourself.
- Report damage promptly to the insurer.
Claims must be filed within three years (Article 3:310 DCC). Identify via microchip or passport; you can litigate at the District Court of Rotterdam.
Comparison with Other Forms of Liability
| Type | Description | Example | Burden of Proof |
|---|---|---|---|
| Strict liability (Article 6:179 DCC) | Automatic for kept animals | Dog bite in park | Keeper proves force majeure |
| Fault-based liability (Article 6:162 DCC) | Only if negligence | Accident due to inattentive cyclist | Victim proves fault |
| Tort (Article 6:95 DCC) | Intentional damage | Deliberately releasing animal | Victim proves intent |
Strict liability is more victim-friendly due to the reversed burden of proof.
Frequently Asked Questions
As a tenant in Rotterdam, am I liable for the landlord's dog?
No, the owner remains primarily responsible, unless you are caring for the animal. Check with Rotterdam Legal Aid Office.
Can I claim damage if the animal belongs to an acquaintance in Rotterdam?
Yes, the temporary keeper falls under Article 6:179 DCC. Prove the identity and claim via their insurance or the District Court of Rotterdam.