Strict liability for animals · care, custody and control · fencing
Liability insurance for a boarding kennel
The moment a dog or cat comes into your care, liability for what that animal does passes from the owner to your business. At the same time, that same animal is property in your care under your policy.
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Deze pagina in het Nederlands: Aansprakelijkheidsverzekering voor een dierenpension.
The calculator and the quote form below are in Dutch. Prefer to do this in English? Email info@finassverzekert. nl or call 072 - 509 24 56 and we will take it from there.
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A premium indication, not personal advice. Prefer to talk it through? Call 072 - 509 24 56.
In brief
Animals are subject to a regime of their own. Article 6:179 of the Dutch Civil Code places strict liability on the keeper for damage the animal causes, even where no one is at fault. Article 6:181 of the Dutch Civil Code then transfers that liability to whoever uses the animal in the course of a business. For the duration of the stay, that is you. If a dog escapes and causes a collision, bites a visitor or destroys the neighbours' garden, the claim is made against your business and not against the owner.
The other side of that is that the animals you look after fall under the care, custody and control exclusion. If a guest animal is injured in a fight in the exercise paddock, escapes and is killed, or is hurt in the kennel, that is damage to property in your care. As standard, this is not covered. Ask specifically about separate cover for animals entrusted to you and check how far it goes; insurers are cautious here and work with restrictions.
Your premises also play a part. Defective fencing, a sunken paved path or a kennel with a loose panel can lead to liability as the possessor of a structure under Article 6:174 of the Dutch Civil Code. For your staff, the duty of care under Article 7:658 of the Dutch Civil Codeapplies: bites, scratches, lifting feed sacks and handling cleaning and disinfecting agents are the recurring injury themes here. Record protocols and instructions in writing.
This page deals with one situation. The full overview is on Compare public and employers' liability insurance (AVB).
What to look out for
Four points that decide whether a claim at a boarding kennel is paid.
You carry the risk for the behaviour of guest animals
Through Articles 6:179 and 6:181 of the Dutch Civil Code strict liability during the stay rests with your business. That means you can be liable even if you did everything right and the animal behaved unpredictably. A watertight intake procedure, with questions about biting incidents and about behaviour towards other animals, is the most important preventive measure here.
Damage to the animal itself is excluded
Vet's fees, permanent injury or the death of a guest animal fall under property that you have in your in your care. Without separate cover you stand alone in these cases, and it is precisely these claims that run high emotionally. Discuss with owners who advances the vet's fees and set this out in your boarding terms.
Illness and infection
An outbreak of kennel cough, giardia or another infectious condition leads to claims from several owners at once. Liability insurers usually exclude damage caused by infectious diseases or impose strict vaccination requirements. Require and record vaccination certificates, apply a quarantine procedure and include your policy in the contract with the owner.
Premises, odour and waste water
Pollution is limited on the AVB to a sudden, unforeseen event; gradual discharge or run-off into a ditch falls outside it and belongs with an environmental damage insurance. Complaints from neighbours about barking or smell rarely lead to an insured loss, but they do lead to enforcement action; administrative fines and penalty payments are never covered.
What does your premium depend on?
- Number of boarding places: capacity determines your exposure to claims
- Type of boarding: dogs, cats, rodents or mixed accommodation
- Payroll and number of animal carers: the basis for the employers' liability section
- Walking off the premises: letting animals off the lead in public areas increases the risk
- Cover wanted for animals in your care: often only available with restrictions and an excess
- Secondary activities: grooming, training, day care or selling feed
Insurers weigh these details differently. That is where your saving is.
What is covered
| Situation | AVB | BAV |
|---|---|---|
| A customer trips over a feed bowl in the hallway and breaks her wrist | Yes | No |
| A kennel gate comes off its hinges and falls onto a visitor's bicycle | Yes | No |
| An employee sprains an ankle on a sunken paved path behind the kennels | Provided that | No |
| A guest animal swallows a piece of a toy and has to be operated on | Provided that | No |
| An employee drives the boarding kennel van into a bollard while collecting a dog | No | No |
| An owner claims the cost of his cancelled holiday because you could not take his dog | No | No |
Damage to the animals in your care calls for separate cover for animals entrusted to you.
Frequently asked questions
This is what people ask us most.
A boarding guest bites a visitor. Who is liable?
Your business. Article 6:179 of the Dutch Civil Code places liability for damage caused by an animal with the keeper, and Article 6:181 DCC transfers it to whoever uses the animal in the course of a business. During the stay that is you, even if the owner did not disclose the risk of biting. You can, however, take action against the owner if he knowingly gave incorrect information at intake.
Is the vet covered if an animal falls ill during its stay?
Not under the liability policy. The animal is property in your care, and treatment costs are not a third party's loss within the meaning of the policy. Owners can insure themselves for this; see animal insurance. Include in your boarding terms that you may call in a vet in an emergency and who bears the cost.
What if a dog escapes and causes a collision?
The damage to the vehicle and any injury to its occupants ends up with you, again through strict liability for animals. The insurer will check whether the fencing and supervision were in order. The dog itself remains excluded as property in your care. Report an incident of this kind immediately; Article 7:941 DCC requires you to notify the insurer as soon as you are aware of it.
Are our own staff covered if they are bitten?
Injury to staff falls under the employers' liability section, provided it is included. The insurer checks whether you complied with the duty of care under Article 7:658 DCC: instruction on handling and approaching unfamiliar animals, protective gloves, and a procedure to follow after a bite. Volunteers and work placement students are not automatically covered; have them named separately.
Read more
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