If you slip or fall in Rijswijk due to an unsafe situation in public space, a shop, or at someone's home, the responsible party can be held liable.
Who is liable?
| Place of the incident | Possible liable party |
|---|---|
| Public street or square | Municipality of Rijswijk 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 can I claim liability?
Liability can be established if:
- There was an unsafe or defective situation present
- The responsible party was aware of it or should have been aware
- You fell due to this situation and suffered damage
Common causes of falls
- Loose pavement tiles in Rijswijk
- Cracks or holes in the road surface
- Slippery floors without warning signs
- Ice formation on sidewalks in bad weather
- Stairs without proper grip or safety measures
- Missing or broken handrails
Criteria for dangerous situations (Cellar Hatch ruling)
The Supreme Court has established guidelines for assessing liability in risky situations:
- How great was the chance that someone would not pay attention?
- What was the probability of an incident?
- How serious could the consequences be?
- Were preventive measures easy to take?
How to gather evidence?
Immediately after a fall in Rijswijk, it is important to gather evidence:
- Photograph the dangerous situation on site
- Write down the details of any witnesses
- Notify the responsible party of the incident
- Visit a doctor in Rijswijk to document your injuries
Is the Municipality of Rijswijk liable for a fall due to a defective road surface?
Yes, it can be. The municipality is responsible for the maintenance of public roads. If a hole or defect 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 Rijswijk?
The shopkeeper must ensure a safe environment. If you fall due to a slippery floor without warning and this problem had existed for some time, the shop can be held liable.Can my own behavior affect the liability?
Yes, if you were not careful yourself (for example, by running or not paying attention), this can influence the amount of compensation due to contributory negligence.Frequently asked questions about falls in Rijswijk
What should I do immediately after a fall to preserve my right to compensation?
After a fall, it is important to quickly gather evidence. Take photos of the situation (e.g., a loose tile or wet floor), note contact details of witnesses, and report the incident to the responsible party (such as the Municipality of Rijswijk or a shop manager). Go to a doctor for a medical report and keep all receipts for costs.
How do I prove that the Municipality of Rijswijk or a shop is liable?
You must prove that there was a dangerous situation, that the responsible party knew or should have known about it, and that it caused your fall. Photos, witnesses, and an official report help with this. For the municipality, you can request maintenance records, and for shops, CCTV footage can be useful.
Will I get compensation if I wasn't paying attention myself?
Yes, but the compensation may be lower due to contributory negligence. If, for example, you didn't look where you were walking, the court may determine that you are partly responsible, which reduces the compensation.
What is the time limit for filing a claim after a fall?
In the Netherlands, the statute of limitations for personal injury claims is five years. However, it is advisable to take action as soon as possible, as evidence becomes weaker over time.
What damages can I claim after a fall in Rijswijk?
You can claim costs such as medical treatments, travel expenses, loss of income, non-pecuniary damages for pain and suffering, and material damage (e.g., damaged property). Keep all relevant receipts and documents.
What if the responsible party refuses to pay?
If the responsible party refuses, you can seek legal assistance via the Juridisch Loket Rijswijk or a lawyer. A case can be brought before the District Court of The Hague.