No own fault by grabbing stray dog to protect own dog

Amsterdam court 14 July 2016

One evening, a woman and her husband are walking her dog - a Jack Russel - in a leash area near her home. She has her dog on a leash. A boy is walking his mother's two dogs at the same time. One of these dogs - a Golden Retriever - is not on a leash. The other dog - a Labrador - is initially leashed but manages to break free and runs towards the woman's dog. As the Labrador approaches the woman's Jack Russel, the woman grabs hold of the Labrador's collar. In the process, the woman loses her balance and falls. As a result of the fall, she breaks her right hip.

The insurer of the owner of the loose Labrador acknowledges liability, but attributes 50% own fault to the woman. As its reason, it points out that the behaviour of the woman's dog influenced and contributed to the (unaccountable) behaviour of the loose Labrador. The insurer also believes that the woman grabbed the Labrador's collar without necessity.

The court ruled as follows. The accident happened in a leash area and this accident could not have happened if the loose Labrador had been on a leash. The fact that this dog was initially correctly leashed but had 'escaped' does not alter this. The accident is therefore not (partly) due to the behaviour of the woman's dog, but only to the circumstance that the loose Labrador was not leashed.

The argument of the woman's own fault also does not hold up. According to the court, grabbing by the collar is a logical and not a reckless reaction and thus not behaviour that can be attributed to the woman. It is understandable that the woman wanted to stop a (larger) dog unknown to her from getting to her dog. It is established that the loose Labrador ran towards the woman's dog and (despite attempts by the woman to stop it) continued to try to get to the woman's dog. As the woman had to make a decision in a short period of time and wanted to protect her own leashed dog from the larger unknown dog, she cannot be blamed. Nor can she be blamed for not waiting for action by the son of this dog's owner.

The court therefore concluded that the owner of the loose Labrador was fully liable for the woman's damages.

Tip: as a dog owner, be considerate of others!