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
The law includes various grounds on which liability can be based:
| 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 a defective scaffold |
| Liability for Products | 6:185 | A defective product leads to injury |
| Liability for Objects | 6:173 | A broken stair in a shop causes a fall |
| Liability for Animals | 6:179 | A dog bites a passerby |
| Liability of Road Managers | 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 for this:
- Unlawfulness: A right has been violated, a statutory obligation breached, or societal standards of care not met
- Attribution: The fault or risk lies with the causer
- Damage: Demonstrable damage has occurred
- Causal Connection: The damage is a direct result of the tort
- Relativity Requirement: The violated norm was intended to protect the interests of the victim
Risk Liability in Practice
In risk liability, no fault needs to be proven. Examples include:
- Parents for children under 14 years old
- Owners of animals
- 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 to demonstrate liability. However, in some situations, a reversed burden of proof applies, 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 (informed consent)
What if multiple parties are responsible?
If multiple parties are liable, you can recover the full damage from any one of them due to joint and several liability. They settle among themselves who pays what share.Can I contact the insurer directly?
In traffic accidents, you can directly approach the other party's WAM insurer. In other incidents, you usually first approach the liable party, who forwards the matter to the insurer.What to do in case of disputed liability?
If the other party disputes liability, it is important to gather evidence, such as photos, witness statements, and a police report. A judge can rule on liability in a partial dispute procedure.Frequently Asked Questions about Liability in Leiden
How do I establish if someone is responsible for my injury?
This depends on the circumstances. In a tort (e.g., a traffic accident), you must prove that the other party is at fault and that this caused the damage. In risk liability, such as an animal attack, fault is not required. Gather evidence such as photos and statements to support your claim.
What if the other party rejects my claim?
In case of rejection, it is crucial to gather evidence, such as medical records 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.
Can I approach the insurer directly?
In traffic accidents, direct action against the WAM insurer is possible. In other cases, you must first address the liable party, who passes the matter to the insurer. Check the policy conditions for exceptions.
What if I am partly at fault?
In case of contributory negligence, your compensation may be reduced. A judge determines the percentage of your fault. For example: with 25% own fault, you receive 75% of the compensation. Legal advice is recommended to assess this properly.
Local Information:
- Court: Rechtbank Den Haag, Locatie Leiden
- Legal Aid Office: Juridisch Loket Leiden, Stationsweg 46