If you slip or fall in Westland due to an unsafe situation in public space, a shop or at someone's home, the responsible party may be liable for your damages.
Who can be liable?
| Place of accident | Possible liable party |
|---|---|
| Public street or square | Municipality of Westland or province |
| Shop or supermarket | Owner or manager of the shop |
| Café or restaurant | Operator of the hospitality establishment |
| Private home or garden | Owner or resident |
| Company building or office | Company owner |
When is there liability?
Liability can be established if:
- There was a dangerous or defective situation present
- The responsible party was aware of it or should have prevented it
- You fell due to this situation and suffered injury or damage
Examples of unsafe situations
- A loose pavement tile
- A pothole or crack in the road surface
- A slippery floor without a warning sign
- Untreated black ice on a walkway
- A staircase without safe anti-slip strips
- The absence of a sturdy handrail
Criteria for dangerous situations (Kelderluik ruling)
The Supreme Court has established guidelines for determining liability in risky circumstances:
- How great was the chance that someone would not pay attention?
- How likely was an accident?
- How serious could the consequences be?
- How difficult was it to take safety measures?
Gathering evidence in Westland
Gathering evidence is crucial after a fall:
- Photograph the unsafe situation immediately
- Write down the details of any witnesses
- Report the incident to the responsible party
- Visit a doctor in Westland to document your injuries
Can the Municipality of Westland be liable for a fall due to a bad road?
Yes, that is possible. The municipality is responsible for the maintenance of public roads. If a defect, such as a pothole, had been present for some time and the municipality knew or should have known about it, it can be held liable.What if I slip in a shop in Westland?
The shopkeeper must ensure a safe environment. If you slip on a wet floor without warning and it had been like that for some time, the shop can be liable.Does my own behaviour count in a fall?
Yes, contributory negligence can play a role. If you, for example, were not paying attention or wore unsuitable footwear on an uneven surface, this can affect the amount of compensation.Questions about liability in Westland
What to do immediately after a fall to protect my rights?
After a fall, it is important to gather evidence quickly. Take photos of the situation, note contact details of witnesses and report the incident to the responsible party (e.g. Municipality of Westland or shopkeeper). Go to a doctor to record the injury and keep all proof of costs.
How do I prove that the Municipality of Westland or a shop is liable?
You must prove that there was a dangerous situation, that the responsible party knew or should have addressed it, and that it caused your fall. Photos, witnesses and official reports help with this.
Will I get compensation if I myself was not paying attention?
Yes, but the compensation may be lower due to contributory negligence. If you were running or not looking, for example, the court may take your share of the fault into account and adjust the compensation.
What is the deadline for filing a claim after a fall?
In the Netherlands, the limitation period for personal injury damages is five years. However, it is advisable to act quickly, as evidence becomes less strong over time.
Which costs can I claim after a fall?
You can claim medical costs, travel expenses, loss of income, non-pecuniary damages and material damage (such as damaged property). Keep all receipts and documents as evidence.
For legal assistance in Westland, you can contact the Juridisch Loket Westland. In case of disputes, your case can be submitted to the District Court of The Hague.