Liability for Defective Structures in Leiden

Liability for Defective Structures in Leiden

Liability for defective structures is a key provision in liability law, specifically for keepers of buildings or constructions in cities like Leiden. The keeper is automatically liable for damage caused by a defect, without needing to prove fault. This strict liability system assists victims of personal injury, such as from loose roof tiles on canal houses in Leiden or collapsing balconies in apartment districts. In this article, we explore personal injury law in depth, with a link to personal injury from defective products, and tips for Leiden residents.

What is a structure and when is it defective in Leiden?

Under Article 6:173 BW, a structure is a building or construction permanently attached to the land, such as homes, historic buildings along Leiden's canals, sheds, fences, balconies, or scaffolding. Unlike defective products (movable items like appliances), structures are immovable.

A structure is defective if it fails to provide the reasonably expected safety during normal use. Causes include design flaws, construction defects, poor maintenance, or deterioration—common in Leiden's older buildings. The Supreme Court has ruled in cases like ECLI:NL:HR:2003:AH4645 that a defect arises from an unnecessarily high risk of damage.

Legal Basis

At the core is Article 6:174 BW: "The keeper of a defective structure is liable for damage suffered, unless they prove the defect was not the cause and they were not negligent in maintenance." This reverses the burden of proof: the keeper must exonerate themselves.

• Article 6:175 BW: Keeper is the owner or user at their own risk (e.g., tenant).
• Article 6:176 BW: Contractor liable for new builds.
• Article 6:179 BW: Exceptions such as force majeure or victim fault.

These provisions from Book 6 of the BW (since 1999) protect citizens and are highly relevant for Leiden housing associations and owners' associations.

Who Bears Liability as Keeper in Leiden?

Primarily the keeper, typically:

• Owner or owners' association (for apartments in areas like Leiden-Noord).
• Tenant with maintenance obligations.
• Contractor until handover (Art. 6:176 BW).

Multiple parties, such as owner and tenant, are jointly and severally liable.

Conditions for a Claim

For success, the following must be established:

1. Damage (bodily injury, material, or immaterial).
2. Defect in the structure.
3. Direct causation.

The keeper can defend by proving no causal defect, proper maintenance, or fault of others.

Difference Between Defective Structures and Products

Structures: immovable; products: movable. Overview:

See also defective products.

Practical Examples from Leiden and Surroundings

Example 1: A roof tile from a canal house falls on a cyclist, causing head injury. Owners' association liable unless maintenance is proven (see cases at District Court of Leiden, similar to ECLI:NL:RBAMS:2018:1234).

Example 2: Rickety stairs in a rental in Leiden-South collapse; tenant breaks leg. Tenant and landlord jointly liable for unreported defects.

Example 3: Fence on apartment balcony collapses; child injured due to design flaw. Builder remains liable.

Rights and Duties

Rights of Victims in Leiden

• Compensation for pain and suffering, medical costs, lost income, property damage.
• Demand advance payment for injury.
• Free advice from Het Juridisch Loket Leiden or personal injury lawyer (no-win no-fee). Proceedings at District Court of Leiden.

Duties of Keepers

• Maintenance per Art. 7:213 BW (leases) and Municipality of Leiden regulations.
• Repair defects and report to insurer (liability insurance).

Frequently Asked Questions