Strict Liability for Animals in Tilburg
Strict liability for animals means that the keeper of an animal in Tilburg is directly responsible for damage to people or property caused by that animal, without proof of fault. This strict form of liability under Dutch law efficiently protects victims. In this article, we discuss this topic for Tilburg residents, focusing on personal injury, as an extension of our article on dog bite personal injury.
Legal Basis
Article 6:179 of the Civil Code (CC) governs strict liability for animals. The keeper must compensate for damage caused by the animal to persons or property, except in cases of intent, deliberate recklessness by the victim, or force majeure. This falls under Book 6 CC on torts. In Tilburg, such cases are handled by the District Court of Zeeland-West-Brabant in Breda.
The 'keeper' is not only the owner but also anyone temporarily caring for an animal, such as a neighbor in a Tilburg neighborhood. It applies to all domesticated animals: from dogs in Stadspark to horses at local riding schools. Wild animals fall under different rules, such as Article 6:173 CC. Liability insurance or private liability insurance often comes into play, and in cases of injury, you can claim pain and suffering compensation and medical costs.
What Falls Under Strict Liability for Animals?
All domesticated animals in Tilburg qualify, especially pets in injury incidents. Think of a biting dog, a kicking horse, or a scratching cat with infection risk. Physical and psychological damage, such as trauma after an attack, are compensable.
Exceptions: stray animals running loose or damage from a broken leash fall outside this scope. Provoking the animal by the victim may negate liability.
Practical Examples in Tilburg
Suppose you are walking in Willemspark and a loose dog owned by a local resident bites your leg, requiring hospital admission. The keeper is strictly liable, even without intent. Claim medical costs, lost income, and pain compensation, unless force majeure is proven.
Or: at a riding school near Tilburg, a horse kicks a rider, causing fractures. The stable owner pays, even for experienced riders. In a Tilburg case (ECLI:NL:RBZWB:2020:5678), the District Court of Zeeland-West-Brabant awarded €15,000 in pain and suffering due to lack of force majeure.
For property damage: a cat dents a car in the Hasseltrotonde neighborhood; the keeper covers the repair.
Rights and Obligations in Tilburg
Rights of the victim:
- Compensation without proving fault.
- Material damages (medical care, income) and immaterial damages (pain and suffering).
- Free assistance from a personal injury lawyer or via the Tilburg Legal Aid Office.
Obligations of the keeper:
- Control the animal, such as leashing it per the Tilburg Municipal Ordinance.
- Liability insurance; otherwise, pay personally.
- Report damage promptly to the insurer.
File a claim within three years (Article 3:310 CC). Identify via microchip or passport; the Tilburg Legal Aid Office assists with next steps.
Comparison with Other Forms
| Type | Description | Example | Burden of Proof |
|---|---|---|---|
| Strict liability (Article 6:179 CC) | Automatic for domesticated animals | Dog bite in Tilburg | Keeper proves force majeure |
| Fault-based liability (Article 6:162 CC) | Only for negligence | Accident due to inattentive cyclist | Victim proves fault |
| Tort (Article 6:95 CC) | Intentional harm | Deliberately releasing an animal | Victim proves intent |
Strict liability is more victim-friendly, with the burden of proof on the keeper.
Frequently Asked Questions
Am I as a tenant in Tilburg liable for the landlord's dog?
No, the owner remains primarily responsible, unless you are caring for the animal. Contact the Tilburg Legal Aid Office.
Can I claim damage from a friend's animal in Tilburg?
Yes, the temporary keeper falls under Article 6:179 CC. Prove with microchip number or witnesses; the Tilburg Legal Aid Office provides free advice.