Dog bite incident: who is liable?
Questioner
My dog was on a leash and so was the other dog, now both dogs started attacking each other. Now the other dog had to go to the vet and the owner is now holding me liable for the damage? now my question is, aren't we both liable?Lawyer
The owner of the biting animal is liable even if both dogs were on a leash, see Article 179 of Book 6BW 'The owner of an animal is liable for the damage caused by the animal, unless liability under the previous section would not have been possible if he had had control over the animal's conduct that caused the damage.' You had the dog in your power (on a leash) but there was no force majeure situation on your side. This liability is a strict liability.Lawyer
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