Dogs are faithful four-legged friends who prefer to romp all day long. They are playful and cheerful, but also clumsy and unpredictable. A dog owner should therefore always keep an eye on them. Suppose something does go wrong. You fell down because of a dog. You get knocked over, fall off your bike, or get entangled in a leash. Is the dog owner liable for your personal injury? In this article you will find all the information about falling down because of a dog.
Causes of falling down because of a dog
Suppose you were injured by a dog. Then people will quickly assume that you have been bitten. Dog bites are quite common. An estimated 150,000 people are bitten each year in the Netherlands. There are no exact figures. Because there is not yet a properly functioning registration system for dog bites. What is not even registered at all, however, are other accidents involving dogs.
You can:
- get knocked over by a dog
- fall off your bike because a dog suddenly runs onto the bicycle path
- fall because your legs get caught in a dog leash
Who is liable for your personal injury? We discuss it per type of accident.
Knocked over by a dog
There are small dogs that don’t seem to realize how small they are. They carry giant sticks around with them and show dominant behavior towards much larger dogs. The exact opposite is also common. Big dogs that have no idea how big, strong, and heavy they are. These sweet giants see every dog as a playmate. This also includes very small chihuahuas. Amid loud protest from the chihuahua who is knocked over with one tap. They also like to sit on your lap with their 100 kilos. Usually, this does not cause any major problems. The chihuahua is startled, you get to train your leg muscles.
However, things can go wrong. For example, when you are knocked over by a large dog. As an enthusiastic greeting in the park. You can lose your balance, fall over, and land awkwardly. It happened to a client of JBL&G, who was jumped from behind. The man had a nasty fall which left him completely incapacitated for work. JBL&G successfully held the dog owner liable under Article 6:179 of the Dutch Civil Code:
“The owner of an animal is liable for the damage caused by the animal […]”
A dog can exhibit unpredictable behavior that can lead to serious injury. The owner is almost always liable for the behavior of the dog. Even if the owner has not incited the dog to that behavior. This is known as strict liability.
Bicycle accident caused by a dog
There are all kinds of off-leash areas for dogs all over the Netherlands. In forests, parks, dikes, dunes, and on the beach. These off-leash areas are often also accessible to cyclists. Do you ever cycle through an off-leash area? Then you are often extra alert. Heart palpitations, the hairs standing up on the back of your neck, and sweaty palms are things that you are probably used to experiencing on your bike ride. Most of the time, it is all well and good. But what happens if a dog suddenly runs onto the bicycle path?
A dog sees no danger and can pop up on the road at any time. For example, if the dog sees a rabbit. Or if the ball rolls the wrong way. Therefore, it is probably wise to reduce your speed. Or ring your bell to let the dog owner know you are cycling there. If that doesn’t work, and you happen to fall because:
- you suddenly have to swerve for the dog
- you got startled by a sudden movement of the dog
- you hit the suddenly crossing dog
Then the dog owner can be held liable for your personal injury. This also falls under strict liability for dog owners. Did you not slow down or ring your bell? Then you are more at risk. Yet, the owner is still liable.
Does it concern a bicycle path in a residential area? Or in another area where dogs are not allowed to run loose? Then the owner is of course also liable for your personal injury.
Entangled in a dog leash
Many dog owners are familiar with becoming entangled in leashes. You can usually walk away from this unscathed. But it can also go wrong. A dog leash can be very sharp and cut into your lower legs. Or you can get so entangled that you fall down. Or an escaped dog can tackle you with the leash.
The latter happened in IJsselstein. A woman let her dog run around without undoing the leash. According to the woman, there was no time for that at the time. Because another dog without a leash came towards them. The woman tried in this way to prevent an escalation between the dogs. However, her dog’s leash wrapped around another dog owner’s ankle. Who, according to an eyewitness, was launched into the air as a result. The man suffered serious injuries from the fall. The Utrecht court ruled that the woman was liable for the injury.
In this case, the woman created a dangerous situation. The dog does not know that the leash can be a danger to others. Most dogs are therefore not abated in their play. They just run on even though the leash is dangling behind them. This brings us back to strict liability for a dog owner. Yet, the liability still lies with the owner if the leashed dog manages to escape on its own accord. That is also a risk that the owner runs.
Time for liability insurance for dog owners
You are almost always entitled to compensation when you fall down because of a dog. However, the damage can be difficult to recover if the owner has not taken out liability insurance. That is why JBL&G has been advocating mandatory liability insurance for dog owners for years. So that you are not left with the costs if you fall down because of a dog.
Damage claim fallen down because of a dog
You want to file a claim after you fell down because of a dog. We advise you to always seek legal help for this. It can be quite a challenge to hold the other party liable. Sometimes victims also find this difficult, because they know the dog owner personally. An experienced attorney can arrange everything for you. You then don’t have to worry about anything. In addition, an attorney can often work for you for free, because you are entitled to free legal assistance in the event of personal injury. Even if you fell down because of a dog.
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