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 the other party.
Basis for Liability
According to the law, there are various grounds on which liability can be based:
| Ground | 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 an unsafe workplace |
| Liability for Products | 6:185 | A defective product leads to injuries |
| Liability for Objects | 6:173 | A broken stair in a shop causes a fall |
| Liability for Pets | 6:179 | A dog attacks a passer-by |
| Road Authority Liability | 6:174 | A pothole in the road leads to an accident |
Tort
The most common basis for liability is the tort. The following conditions must be met for this:
- Unlawfulness: Violation of a right, breach of a statutory obligation, or failure to comply with standards of care
- Attribution: The fault or risk lies with the perpetrator
- Damage: Actual damage has occurred
- Causation: The damage was directly caused by the tort
- Relativity Requirement: The violated norm is intended to protect the interests of the victim
Strict Liability
In strict liability, no fault needs to be proven. This applies inter alia to:
- Parents of children under 14 years old
- Owners of pets
- Owners of defective goods
- Manufacturers of defective products
- Keepers of motor vehicles (extra protection for vulnerable road users)
Burden of Proof in Zoetermeer
In general, the victim must prove liability. However, in some situations, the burden of proof is reversed, such as:
- An employer must prove that it has complied with its duty of care
- A doctor must show that it has sufficiently informed the patient
What if there are multiple liable parties?
If there are multiple liable parties, they are jointly and severally liable. This means you can claim the full damage from one of them, after which they determine among themselves who pays what share.Can I contact the insurer directly?
In traffic accidents in Zoetermeer, you can directly approach the other party's WAM insurer. In other incidents, you usually first need to approach the liable party, who will refer the matter to the insurer.What if liability is not acknowledged?
If the other party disputes liability, it is important to gather evidence, such as witness statements, photos, and a police report. A judge can rule on liability in a preliminary relief procedure, for example via the District Court of The Hague.Frequently Asked Questions about Personal Injury in Zoetermeer
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 the damage resulted therefrom. In strict liability, such as an attack by a pet, fault is not relevant. Gather evidence such as photos and statements to support your claim.
What to do if my claim is rejected?
If the other party does not acknowledge your claim, 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, you can seek legal assistance via the Juridisch Loket Zoetermeer or initiate a preliminary relief procedure.
Can I approach the other party's insurer directly?
In traffic accidents, direct action against the WAM insurer is possible. In other cases, you often first need to address the liable party, who forwards the claim to the insurer. Check the policy conditions for the options.
What if I am partly at fault?
If you are partly responsible, your compensation may be reduced (contributory negligence). A judge determines the percentage of your fault. For example, with 25% contributory negligence, you receive 75% of the compensation. Legal advice is recommended to assess your situation.