Have you sustained an injury due to an incident involving public transport such as train, bus or tram in Leiden? You can hold the carrier responsible. Specific rules apply to passenger transport.
Liability of the Carrier
The carrier is liable for injuries sustained by passengers during the journey. This falls under strict liability: the carrier is in principle liable, except in cases of force majeure.
When Can You Claim Damages?
| Circumstance | Responsible Party |
|---|---|
| Fall due to a sudden emergency stop | Carrier (except in cases of force majeure) |
| Fall during boarding or alighting | Carrier, if attributable to them |
| Collision with another vehicle | Carrier and/or third party |
| Damage from falling luggage | Carrier (responsible for luggage handling) |
| Slipping on slippery floor in vehicle | Carrier |
NS and Train Incidents
In the event of accidents involving trains:
- The NS has a special unit for personal injury cases
- NS is generally liable for damage to passengers
- In cases of suicide, NS is not liable to the victim's next of kin
- Damage to witnesses (such as shock damage) can be claimed
What Constitutes Force Majeure?
A carrier may invoke force majeure in cases of:
- Unforeseen weather conditions
- Unexpected actions of third parties
- The passenger's own negligence
Filing a Claim with the Carrier
- Report the incident immediately to the driver or conductor
- Request official registration of the incident
- Gather statements from eyewitnesses
- Send a written claim to the carrier
- The carrier is insured for liability
What if I fall due to abrupt braking of the bus?
The carrier is in principle responsible. However, your own fault may play a role if you did not hold on properly while sufficient handholds were available.Am I insured as a passenger in a taxi?
Yes, taxis are compulsorily insured. As a passenger, you can file a claim with the taxi's insurance, regardless of whether the accident was caused by the driver or a third party.Can I file a claim if I trip on a platform?
If the tripping is due to a defect on the platform (for example, a loose tile or slipperiness due to a leak), the manager (such as ProRail or the municipality) may be liable.Frequently Asked Questions
What does this article cover?
This article covers personal injury in public transport. Read on for specific information about your situation.
How do I apply this to my case?
The information provides general guidance, but every case is different. Contact a legal expert for tailored advice.
Where can I find more help in Leiden?
Visit the Juridisch Loket Leiden at Stationsweg 46, or read other articles on this platform. A lawyer can also help.
How can I get legal support?
Contact a lawyer or legal aid organization in Leiden. Often, the first consultation is free.
What are my rights in case of injury?
As a victim, you are entitled to compensation for costs such as medical care, lost income, and immaterial damage. Acting quickly strengthens your case.
Summary
This article provides insight into personal injury claims in public transport. For advice specific to your situation, consult a legal expert.
Key Points
- Every case is different
- Legal assistance is crucial
- Quick action is important
- Document everything carefully
- Support is available in Leiden
- Protect your rights