A dog bite can lead to serious health and psychological consequences. The injured party is entitled to compensation if the animal's owner or the person providing care for it failed to exercise due care. In such cases, it is crucial to pursue claims in accordance with applicable law. Under Article 431 of the Civil Code, anyone who keeps or uses an animal is obligated to repair any damage caused by the animal, regardless of whether it was under their supervision, or whether it strayed or escaped, unless neither they nor the person for whom they are responsible are at fault. It is worth emphasizing that the liability provided for in Article 431 § 1 of the Civil Code occurs when the animal acts on its own initiative, i.e., as a result of spontaneous behavior independent of the human.
A dog owner is liable for damage caused by their animal. This liability can be based on fault, if the owner was negligent, or on strict liability, where even a lack of direct fault does not exempt them from the obligation to compensate for the damage. In practice, this means that if the dog causes damage, the owner must prove that they made every effort to prevent it.
The owner should exercise due care to properly secure the animal, preventing it from escaping from the property. Animals should be adequately protected from escaping from the property, for example, through appropriate fencing or a secured gate. Dog owners, especially large dogs, are obligated to exercise extreme caution to prevent situations in which the animal could harm anyone.
Types of compensation
A person bitten by a dog can pursue several types of compensation. The main claims include:
- Medical expenses – including doctor visits, medical procedures, rehabilitation and the purchase of medications.
- Compensation for harm suffered – compensation for pain, suffering and possible psychological consequences, such as fear of dogs or post-traumatic stress.
- Lost income – if the effects of the bite prevented the victim from working, the injured party may seek compensation for lost earnings.
- Pension – in the event of permanent health impairment that affects the ability to work.
How to pursue claims?
To obtain compensation, several steps must be taken. First, it's worth collecting evidence, such as photos of the injuries, medical records, and witness statements. Then, you can report the matter to the dog's owner and check if they have third-party liability insurance that can cover compensation. If they refuse to pay, you can take the matter to court. Reporting the bite to the police or municipal police can help determine the circumstances of the incident and potentially impose penalties on the animal's owner.
It's worth noting that some insurance companies refuse to pay compensation under farmers' liability insurance for damage caused by dogs used on farms, arguing that they are not considered farm animals within the meaning of the regulations. They rely on case law indicating that damage caused by a dog is unrelated to the ownership of the farm. Other companies, however, take the opposite approach, recognizing insurer liability in situations where the dog serves a utilitarian function, such as a guard dog or herder. These differences in approach stem from differing interpretations of the regulations and court decisions.
For more information, please contact us. We will assist you at every stage of the process to obtain the compensation you deserve.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of March 18, 2025
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