Points of attention for those working professionally with animals

Anyone working professionally with animals—whether as an entrepreneur or a foundation—faces three main legal risks: liability for damage caused by animals, the lack of a proper adoption or rehoming agreement, and consumer regulations (including the statutory warranty) regarding the sale of animals. Below, you can read about the relevant issues and how to protect yourself for each topic.

Many entrepreneurs turn their love for animals into a business model, and there are also foundations dedicated to animals on a non-profit basis. Beautiful and noble, but there are important points to consider that are often given too little thought.

Who is liable for damage caused by an animal?

In principle, the owner of an animal is liable for the damage caused by the animal — if a dog bites someone, the law looks to the owner. It is not always simple. With a dog walking service, disputes quickly arise: does the owner bear the cost of inadequate training, or the walking service that should have kept the dog on a leash? It becomes even more complex if an animal makes other animals or people sick. Good liability insurance is therefore necessary, and in some cases, you can limit liability contractually.

Why a good adoption or rehoming agreement is necessary

A foundation that rehomes animals would do well to record this in a rehoming or adoption agreement. This can be done in two ways:

• As a loan agreement — the foundation remains the legal owner of the animal and thereby retains control, so that it can intervene if something goes wrong.
• As a purchase agreement — in which a contribution is requested. Disadvantage: the foundation then finds it more difficult to impose conditions and rules.

Sale of animals and consumer law

If you sell animals to consumers — either as a pet trader or via a purchase agreement from a foundation — consumer law applies. This means, among other things, that the statutory guarantee applies: the animal must meet what the buyer may reasonably expect of it.

If, for example, an animal turns out to have a congenital disease, the seller must theoretically repair, replace, or dissolve the purchase (return the animal, refund). In practice, however, this rarely works: the buyer often already has a bond with the animal, and a congenital defect cannot be “fixed.” The buyer and seller must then look for another solution—and you had better document this clearly in writing. You can read more about this in our blog on consumer purchase rights regarding the sale of animals.

Frequently Asked Questions

Am I liable for damage as a dog walking service?

That depends on the circumstances. In principle, the owner is liable, but in the case of dog walking services, the service can also be held liable. Clear agreements and liability insurance are essential.

Does the warranty also apply to the sale of an animal?

Yes. When selling to a consumer, the statutory warranty applies: the animal must meet what the buyer may reasonably expect from it. What constitutes an appropriate solution in the event of a defect depends on the situation.

Is a loan agreement or a purchase agreement better for adoption?

With a loan agreement, the foundation remains the owner and retains control. A purchase agreement is simpler, but leaves less room to impose conditions.

Legal assistance for animal entrepreneurs and foundations

No matter how lovable animals may be, an entrepreneur or foundation can face significant legal problems. The legal experts at MKB Juristen assist you with liability, adoption and purchase agreements, and consumer regulations. View our expertise in corporate law or schedule a free intake consultation .