Liability means that a person or organization is responsible for the damage you have suffered. Without established liability, you have no right to compensation from another party.
Basis for liability
The law includes various grounds for liability:
| Ground | Article CC | Example situation |
|---|---|---|
| Tort | 6:162 | A driver ignores a red light and causes a collision |
| Employer's liability | 7:658 | An employee falls from an unsafe ladder at work |
| Liability for products | 6:185 | A defective product leads to injuries |
| Liability for objects | 6:173 | A broken step in a store causes a fall |
| Liability for pets | 6:179 | A dog bites a passerby |
| 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 following conditions must be met:
- 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: Actual damage has occurred
- Causal connection: The damage is a direct consequence of the unlawful act
- Relativity requirement: The violated norm was intended to protect the interests of the victim
Strict liability in practice
In strict liability, no fault needs to be proven. Examples include:
- Parents for their children under 14 years old
- Owners of pets
- Owners of defective objects
- Manufacturers of defective products
- Owners of motor vehicles (extra protection for vulnerable road users)
Who must prove?
Generally, the burden of proof lies with the victim. However, in some situations, there is a reversed burden of proof, 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 multiple parties are responsible?
If multiple parties are liable, they are jointly and severally liable. This means you can claim the full damage from any one of them. They settle among themselves who pays what share.Can I approach the insurer directly?
In the event of a traffic accident, you can directly approach the other party's WAM insurer. In other situations, you usually first approach the liable party, who refers the matter to the insurer.What to do with disputed liability?
If liability is not acknowledged, it is important to gather evidence, such as witness statements, photos and a police report. A court can rule on liability in a partial dispute procedure.Frequently asked questions about liability in Rijswijk
How do I establish whether someone is responsible for my injury?
This depends on the circumstances. In the case of a tort (for example, a traffic accident), you must prove that the other party is at fault and that this caused the damage. In strict liability, such as a dog bite incident, fault is not required. Gather evidence such as photos and statements to support your case.
What if my claim is rejected by the other party?
In case of disputed liability, gather evidence such as medical records, photos and witness statements. Send an official letter with your position and evidence. If there is no response, you can seek legal assistance or start a partial dispute procedure at the District Court of The Hague.
Can I directly approach the other party's insurer?
In traffic accidents, you can directly approach the WAM insurer. In other personal injury cases, you often first need to approach the liable party, who forwards the claim to the insurer. Check the policy conditions for direct action.
What if I am partly at fault for the incident?
If you are partly at fault, your compensation may be reduced (contributory negligence). The court determines the percentage of fault. For example, with 25% contributory negligence, you receive 75% of the compensation. Legal advice is recommended to properly assess your situation.
For legal support in Rijswijk, you can contact the Juridisch Loket Rijswijk. For court cases, Rijswijk falls under the District Court of The Hague.