Recently, there seems to be an increase in the number of biting incidents. Unfortunately, there are no hard figures. Dog bites are hardly registered. And what should happen to the four-legged friend after the biting incident? There is no clarity about that either. Each municipality has its own bite protocol. A nationwide bite protocol could change this. And that is certainly not an unnecessary luxury. Dog bites can cause serious injuries, both physical and psychological. That should certainly not be underestimated.
Serious injury after biting incidents
A dog bite should always be examined by a medical specialist. Superficial and deep wounds. Some wounds may not appear serious, but they can become very serious. Dogs can transmit many bacteria. Bacteria that can lead to serious infections. Sometimes even resulting in the amputation of bitten limbs.
Physical injury following a dog bite:
- Bite wounds
- Nerve damage
- Scars
- Infection
- Rabies
- Amputation of limb
- Death
- Mutilation
Tip: It is always wise to ask if a tetanus shot is necessary. This vaccination protects you against rabies. A disease that can be fatal.
Psychological damage after a dog bite
It is also possible that a victim suffers psychological damage:
- Fear of dogs
- Not feeling safe on the street
- Trauma to the event
Not only the victim but bystanders can also be traumatized by a dog attack.
Compensation for biting incidents
The dog is a beloved companion animal. Almost two million dogs live in the Netherlands. Most dogs outside the shelter have an owner. This owner is responsible for the well-being and behavior of the dog.
Victims of dog bites are always entitled to compensation. Compensation for material and immaterial damage. Who can be held liable for this? The owner of the dog is always fully liable. You can find this in Article 6:179 of the Dutch Civil Code:
“The owner of an animal is liable for the damage caused by the animal, unless liability under the previous section would have been absent if he had had control over the behavior of the animal that caused the damage.”
But what about if my dog has been bitten by another dog, you may be thinking. Then the medical expenses for your dog must also be reimbursed. Is your dog bitten by another dog with fatal consequences? Then the other party must also reimburse the cremation costs. Would you like to know more about the liability of the owner? Then go to the page Dog bite: claim your compensation for damages. If you need help in claiming compensation after a dog bite, contact our lawyers.
Recent biting incidents
This week it happened again in Nieuw-Buinen in Drenthe. On Tuesday afternoon, a 3-year-old boy was bitten by four rottweilers. Unsuspectingly, the toddler was playing in the garden of the neighbor (also the owner). The rottweilers were behind a fence but jumped over it. The toddler was immediately attacked. The boy was seriously injured and taken to hospital by ambulance.
A nightmare for the toddler and the parents. But the neighborhood children present and the owner were also shocked. The gory scene is etched in their memory. The owner had six dogs. The four rottweilers who attacked the boy will be put down. The animal police, the municipality, and also the owner himself unanimously agreed on this. The other two dogs are subjected to a behavioral examination.
Other incidents:
- Amsterdam: 6-year-old girl mauled resulting in serious injury. The aggressive neighbor dog has been seized by the police.
- Santpoort-Noord: 3 people were attacked at a village festival. The dog was shot and killed by police on the spot.
- Hoorn: 13-year-old girl on a bicycle attacked by a dog. The owner was arrested for incitement to bite. Dogs seized by the police.
Aggressive police dog
Earlier this year, the forearm of one of our clients was completely destroyed by a police dog. And late last year, another JBL&G client was mauled by a neighbor dog. But those aren’t the only biting incidents. Our lawyers handle cases of victims of dog bites on a daily basis.
Who monitors biting incidents?
There seems to be a worrying increase in bite incidents in recent years. Animal organizations are receiving more and more reports of dog bites. But government agencies are also expressing their concerns about the increase in biting incidents. They all advocate for a central registration point:
- Animal police
- Dutch Animal Protection Foundation
- Royal Dog Protection
- Dutch Federation of Animal Shelter Organizations
- Municipalities
Because who is now monitoring the biting incidents? And how these are dealt with? In recent years, the government has placed these tasks in the hands of the municipality. This has led to each municipality having its own bite protocol. Rules may differ on:
- Leash obligation (also in off-leash areas)
- Mandatory training
- Behavioral examination
- Muzzle obligation (after 1, 2, or even after 5 incidents)
- Putting down
However, this can cause confusion and dangerous situations.
Muzzle obligation after biting incident
A muzzle obligation is restricted to the municipality. So it is possible that an owner who has been imposed a muzzle obligation for his aggressive dog:
- has to walk with a muzzle in Amsterdam
- can walk without a muzzle in Utrecht
Something that obviously should not be possible.
How many biting incidents per municipality?
The question: how often do biting incidents take place? Cannot be answered. The animal organizations suspect that not all dog bites are reported. There is little to no registration at all. This makes it impossible to determine the number of biting incidents per year.
There are only two municipalities that strictly register: Zwolle and Apeldoorn. These registrations show that there is an upward trend in the number of dog bites. The animal and government organizations therefore argued for:
- Conditional ownership
- Nationwide bite protocol
Decrease in biting incidents through conditional ownership?
The cry for help that the Dog Protection Service sent to the Member of Parliament on September 1, 2015, has finally been heard. A study is currently being conducted into the usefulness of conditional holdership. State Secretary Van Dam has ordered this. Various authorities have argued in favor of this type of ownership for some time. Dogs that were originally bred to fight can no longer be purchased willy-nilly.
Conditions for obtaining ownership of such dogs:
- Owner must not have a criminal record
- Future owner must first follow a course
- Ownership permit
- Minimum age of 18 years
- Mandatory third-party insurance
- Mandatory certified dog training school for owner and dog
JBL&G argues in favor of mandatory third-party liability insurance for dog owner
Currently, third-party liability insurance is not mandatory. This can have major consequences for the victim. That is why JBL&G has previously argued in favor of mandatory third-party liability insurance for dog owners.
Many people just buy a dog willy-nilly. Without thinking. A dog needs sufficient exercise, proper upbringing, and care. A frustrated dog can cause problems. And that’s a shame for the reputation of our four-legged friends. Conditional ownership can be a good step in clearing the name of ‘dangerous’ dogs.
Nationwide bite protocol for biting incidents
A nationwide bite protocol could change the current crooked rules, where a muzzle can be required in one municipality, but not the other. If the four-legged friend gets a muzzle obligation, then that will apply in all municipalities.
State Secretary Van Dam announced that this protocol will be introduced after the summer. The nationwide bite protocol will then uphold the same standards in terms of rules and obligations. In addition, several animal organizations are convinced that this will also promote the registration of bite incidents.
The Dutch Federation of Animal Shelter Organizations hopes that with the nationwide bite protocol:
- All biting incidents will be registered
- Rules of conduct are being introduced for shelters
- Muzzle obligation will be registered in chip databases
An interesting idea from the Dutch Federation of Animal Shelter Organizations is the claim form for biting incidents. With a systematic registration of biting incidents, it can be assessed:
- How often these incidents occur
- Why these incidents occur
Victim should not have to pay for the damage after a dog bite
JBL&G hopes that the nationwide bite protocol will be implemented and that this will bring about a long-term decrease in dog bites. And of course, JBL&G hopes that it will become mandatory for all dog owners to take out third-party liability insurance. So that the victim of the dog bite at least does not pay for the personal injury themselves. Because when the owner of the dog turns out to be uninsured, the victim is often left empty-handed.
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