containers

In its decision of 29 January 2016 de Dutch Supreme Court answered much discussed question in the literature whether the Supreme Court ruling in the so called “Hammock judgement” regarding liability of a co-possessor of a (defective) structure or building, also applies for the liability of a co-possessor of an animal.

In the Hammock judgement of 2010 the Supreme Court decided that the applicable article of the law (article 6:174 Dutch Civil Code) also creates a strict liability with regard to the co-possessor. For damage incurred by a co-possessor as a result of a defect of the building or structure, that co-possessor can claim damages from other possessors of that defect building or structure, according to the Supreme Court in its Hammock decision.
In the judgement of 29 January 2016 the Supreme Court decided that the liability of a co-possessor of an animal differs from the liability of a co-possessor of a (defect) building or structure.
For a more detailed explanation, read more (in Dutch)