Liability means that a person or organization is responsible for the damage you have suffered. Without established liability, you cannot claim compensation.
Basis for Liability
According to the law, there are various grounds on which liability can be based:
| Type of Liability | Article CC | Example Situation |
|---|---|---|
| Tort | 6:162 | A driver ignores a red traffic light and causes a collision |
| Employer's Liability | 7:658 | An employee falls from a poorly secured scaffold |
| Liability for Products | 6:185 | A defective product leads to injuries |
| Liability for Objects | 6:173 | An unstable ladder in a store causes a fall |
| Liability for Animals | 6:179 | A dog attacks a pedestrian |
| Road Authority Liability | 6:174 | A pothole in the road leads to an accident |
Tort Explained
The tort is the most common basis for liability. The conditions for this are:
- Unlawfulness: Violation of a right, breach of a statutory duty or failure to observe societal standards of care
- Attribution: The fault or risk lies with the perpetrator
- Damage: There must be demonstrable damage
- Causation: The damage must directly result from the unlawful act
- Relativity Requirement: The violated norm must be intended to protect the interests of the victim
Strict Liability
In strict liability, fault is not necessary to establish liability:
- Parents are liable for children under 14 years old
- Owners of animals bear responsibility
- Possessors of defective objects are liable
- Manufacturers of defective products are held responsible
- Owners of motor vehicles (extra protection for vulnerable road users)
Burden of Proof in Personal Injury Cases
Generally, the burden of proof lies with the victim to demonstrate liability. In some situations, a reversed burden of proof applies, such as:
- An employer must prove that it has complied with its duty of care
- A doctor must prove that it obtained the patient's consent
What if there are multiple responsible parties?
In the case of multiple liable parties, they are jointly and severally liable. This means that you can claim the full compensation from any one of them. They settle among themselves who pays what share.Can I contact the insurer directly?
In traffic accidents, you can directly approach the other party's WAM insurer. In other cases, you must first address the responsible party, who will then refer the matter to their insurer.What to do in case of disputed liability?
If liability is disputed, it is crucial to gather evidence, such as witness statements, photos and official reports. A court can rule on liability in a preliminary relief proceeding.Frequently Asked Questions about Liability in Westland
How do I establish if someone is responsible for my injury?
This depends on the circumstances. In a tort, such as a traffic accident, you must prove that the other party is at fault and that this caused the damage. In strict liability, such as an attack by a pet, fault is not required. Gather evidence such as photos and statements to support your case.
What if my claim is rejected?
If rejected, gather as much evidence as possible, such as medical records and photos. Send an official letter with your position and evidence. If there is no response, consider legal assistance or a preliminary relief procedure at the court.
Can I approach the insurer directly?
In traffic accidents, direct action against the WAM insurer is possible. In other incidents, you must first contact the liable party, who will forward the matter to their insurer. Always check the policy conditions.
What if I am partly at fault?
If you are partially at fault, your compensation may be reduced (contributory negligence). The court determines the percentage of your fault. For example, with 25% contributory negligence, you receive 75% of the compensation. Legal advice is recommended in this case.
Court and Juridisch Loket in Westland
For legal matters, you can go to the District Court of The Hague (district). For advice and support, Juridisch Loket Westland is available.