Have you suffered damage from a dog bite? If you have been bitten by a dog, it can have serious consequences. You can sustain serious injuries such as an open wound. Or broken bones because you fell to the ground when you were attacked. It is a very traumatic experience to be attacked by an animal out of the blue. This also applies if you have suffered a superficial dog bite. When you have been bitten by a dog, you are in most cases entitled to damage compensation. In this article, you will read the 14 do’s and don’ts in the event of a dog bite that will help you get compensation for your damage so that you can fully focus on your recovery.
Registration of dog bite injury
Prevention is better than cure. Unfortunately, both superficial dog bites and serious bite wounds are not yet registered. A good registration system can ensure that measures are taken to prevent dog bites. A nationwide bite protocol was supposed to be introduced in 2016, but that was eventually (temporarily) taken off the table. According to Minister of Agriculture Carola Schouten, it will actually happen this summer, according to EenVandaag, a news and current affairs program. In the meantime, the Netherlands Society for Plastic Surgery is taking matters into its own hands. For a year, they will register all patients who seek a plastic surgeon after being bitten by a dog.
JBL&G very much hopes that the nationwide bite protocol will come into effect this summer. Unfortunately, that does not alter the fact that you can still suffer a bite injury from a dog. So what is the best thing to do? We have listed the 7 do’s and don’ts.
7 do’s for a dog bite
Some things are important to do if you have been bitten by a dog and want to claim your damages from the owner.
1. Collect the dog owner’s contact information
Most likely, if the animal has bitten you, the dog’s owner will immediately come running to you to check if you are okay. Or to apologize – at least you should hope so! Ask him or her for their contact details right away.
2. Take pictures of the damage
You can do this when you get back home, or immediately on the spot. If you have photos of the wound and other damage you suffer, you can prove that you are actually entitled to compensation for this. So don’t forget to do this!
3. Gather witnesses
Were you alone when you were bitten by a dog? Or were there bystanders? If there were other people present, passers-by or your own company, perhaps people in a store who could see what was happening, it is wise to approach them. They are witnesses and can objectively explain what happened. This will help you with your case.
4. Clean the bite wound
It is very important that you clean and rinse the wound with water as soon as possible. There are all kinds of bacteria in the dog’s mouth and the environment that can inflame the bite wound. If it is a superficial wound or abrasion, you can also put iodine or another disinfectant on it.
5. Visit a doctor
Your injury needs to be treated, that much is clear. Do you have a deep wound? Then visit a general practitioner or the emergency room as soon as possible. This doctor can also record your damage. This gives you even more evidence to recover your damages from the counterparty.
6. Keep track of all your damages
Have you been bitten by a dog? Then you will go through a (medical) process. You incur all kinds of costs. You may have to take a taxi to the hospital, are unable to work for a while, or have to take public transportation more often because you have a bite wound in your leg. Perhaps your glasses or phone were damaged because you fell when the dog attacked you. Perhaps you have costs that your deductible does not cover. There are all kinds of damage items that you can get reimbursed for by the counterparty. So keep track of all of these!
7. Engage a representative
As you read above, there are a lot of damage items for which you can claim compensation. But filing a claim is a complicated process for which it is best to hire a professional. You can do this at any point in the process. If you hire a personal injury lawyer, this is free of charge for you. The counterparty’s insurer will reimburse his or her salary.
7 don’ts in the event of a dog bite
There are also a number of misconceptions about what to do with a dog bite. It is best to omit these or take a different approach.
1. Only recording the dog owner’s phone number
We often get cases where someone has been bitten by a dog, but only noted the phone number of the dog owner. However, sometimes it happens that they simply do not answer, or that the number is incorrect. It is therefore always wise to ask for address details as well.
2. Thinking you have to pay for the damage yourself
That is not true! You incurred the damage through no fault of your own. The owner of the dog is liable for the injury caused by the dog bite and will have to pay for the costs you incur. You probably won’t get everything straight away, which means you will have to advance the costs. But if you have a good representative, they can request an advance for you so that you will already receive part of the compensation.
3. Thinking it is your own fault
According to Article 6:179 of the Dutch Civil Code, the owner of the animal is liable for the damage caused by the animal. Even if the dog was on a leash, the owner warned you not to pet the animal or you were injured because you jumped in when your dog was bitten by another dog. Thanks to strict liability, the owner of the dog is liable for the behavior of the animal.
4. Waiting for the wound to heal on its own
It is wise to visit a doctor. Especially if you have never had a tetanus shot, it is a good idea to get one. A bite wound can become very inflamed, and then you will be even worse off!
5. Not recovering the damage because you are afraid that the counterparty will have too many costs
Many dog owners are insured in case their dog attacks someone unexpectedly. This means that the insurer reimburses your damage and the dog owner does not have to pay for the costs. So even if it was your neighbor’s dog, just write to the neighbor’s insurer!
6. Not recovering your damages because you provoked the dog
Perhaps the dog’s attack is partly your own fault because you provoked the dog too much. But as you have read above, the owner of the dog is still liable for your damage because of strict liability. It is possible that you will be reimbursed slightly less, say half. But this is no reason to write the whole case off!
7. Making a deal with the insurer too soon
Perhaps the counterparty’s insurer offers you a deal. You get a quick payment and that is the end of it. Do not accept this! You may end up with complications later on and thus incur more costs than you thought.
Frequently asked questions from personal injury victims
Q: What to do after a dog bite?
A: After a dog bite, it is important that you write down the owner’s information. Also, write down the details of witnesses and take pictures of your injuries. Afterward, go directly to the hospital or your general practitioner. Let the physician attend to your wound. Then seek legal help as soon as possible.
Q: What can be the consequences of a dog bite?
A: A dog bite can have serious physical and mental consequences. For example, your nerves may have been severed, leaving you with no feeling in your hand. If you sustain visible scars, this can also make you feel insecure. In addition, you can also suffer trauma, making you afraid to walk through the park, for example.
Q: Is there any harm in a small dog bite?
A: Yes, unfortunately there is. A small dog bite can be rather harmful, because you can become infected with the tetanus bacteria. That is why you almost always get a tetanus shot after a dog bite. A small dog bite can also cause infections if the wound is not properly treated.
Q: What to do if a dog has been bitten?
A: If you and your dog have been bitten, you can also claim medical expenses for your dog. Take your dog to the vet immediately after a bite wound. Your dog also runs the risk of an infection, as a dog’s mouth is full of bacteria.
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