If you slip or fall in Zoetermeer due to an unsafe situation in public space, a shop, or at someone's home, the responsible party can be held liable.
Who can be liable?
| Place of accident | Possible responsible party |
|---|---|
| Public street or sidewalk | Municipality of Zoetermeer or province |
| Shop or supermarket | Owner or operator of the shop |
| Horeca such as café or restaurant | Operator of the establishment |
| Private home or garden | The homeowner or resident |
| Company building or office | The company or owner |
When is there liability?
Liability can be established if:
- There was a dangerous or defective situation present
- The responsible party was aware of this or should have prevented it
- You fell due to this situation and suffered injury or damage
Examples of dangerous situations
- A loose sidewalk tile in Zoetermeer
- A pothole or crack in the road surface
- A slippery floor without a warning sign
- Untreated black ice on a footpath
- A staircase without anti-slip material
- A missing or broken handrail
Criteria for liability (Kelderluik ruling)
The Supreme Court has established guidelines for assessing dangerous situations:
- How great was the chance that someone would not pay attention?
- How likely was an accident?
- How serious could the consequences be?
- Were preventive measures easy to take?
Gathering evidence in Zoetermeer
Immediately after a fall, it is important to gather evidence:
- Photograph the unsafe situation on site
- Write down the details of any witnesses
- Report the incident to the responsible party
- Visit a doctor in Zoetermeer to document your injury
Can the Municipality of Zoetermeer 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 Zoetermeer?
The shopkeeper must ensure a safe environment. If you fall due to, for example, a wet floor without warning and this had been the case for some time, the shop can be held liable.Does my own behavior count in a fall?
Yes, contributory negligence can play a role. If you, for example, were not paying attention or acted carelessly, this can affect the amount of compensation.Frequently asked questions about falling in Zoetermeer
What should I do immediately after a fall to protect my rights?
Gather evidence as quickly as possible. Take photos of the situation, note witnesses, and report the incident to the responsible party (for example, the Municipality of Zoetermeer or a shop manager). Go to a general practitioner for documentation of the injury and keep all receipts for costs.
How do I prove that the municipality or a shop is liable?
You must prove that there was an unsafe situation, that the responsible party knew or should have addressed it, and that this caused your fall. Photos, witnesses, and official reports help with this.
Can I get compensation if I myself was not paying attention?
Yes, but the compensation may be lower due to contributory negligence. The court determines to what extent your behavior contributed to the fall.
What is the time limit for filing a claim after a fall?
You have five years to file a personal injury claim, but it is advisable to act quickly. Evidence gets lost over time.
What damage can I claim after a fall in Zoetermeer?
Think of medical costs, travel expenses, loss of income, pain and suffering, and material damage such as broken possessions. Document everything well.
What if the responsible party does not want to pay?
Contact the Juridisch Loket Zoetermeer for advice or hire a lawyer. A case can be brought before the District Court of The Hague.