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 Dutch legislation, there are various grounds on which liability can be based:
| Basis | Article BW | Example Situation |
|---|---|---|
| Tort | 6:162 | A driver ignores a red light and causes a collision |
| Employer's Liability | 7:658 | An employee falls from an unsafe structure at the 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 bites a passerby in Utrecht |
| Liability of Road Authorities | 6:174 | A pothole in a Utrecht street causes an accident |
Tort in Detail
The tort is the most common basis for liability. To prove it, the following criteria must be met:
- Unlawfulness: There is a breach of a right, violation of a statutory obligation, or failure to observe societal standards of care
- Attribution: The fault or risk lies with the perpetrator
- Damage: Demonstrable damage has occurred
- Causation: The damage was directly caused by the unlawful act
- Relativity Requirement: The violated norm was intended to protect the interests of the victim
Strict Liability in Utrecht
In strict liability, no fault needs to be proven. Examples include:
- Parents for minor children under 14 years
- Owners of pets
- Owners of defective objects
- Manufacturers of defective goods
- Drivers of motor vehicles (extra protection for vulnerable road users in Utrecht)
Burden of Proof in Personal Injury Cases
Generally, the burden of proof lies with the victim to demonstrate liability. However, there are exceptions with reversed burden of proof, 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
What if multiple parties in Utrecht are liable?
If there are multiple liable parties, they are jointly and severally liable. This means you can claim the full compensation from one of them, after which they settle among themselves who pays what share.Can I approach the insurer directly?
In traffic accidents in Utrecht, you can directly approach the other party's WAM insurer. In other situations, you usually first address the responsible party, who then refers the matter to the insurer.What to do in case of disputed liability?
If liability is disputed, it is crucial to gather evidence, such as witness statements, photos of the incident, and official reports. A judge can rule on liability in a partial dispute procedure.Frequently Asked Questions about Liability in Utrecht
How do I establish if someone is responsible for my injury?
This depends on the circumstances. In a tort (e.g., a collision in Utrecht), you must prove that the other party is at fault and that damage resulted from a violation. In strict liability, such as an incident with a pet, fault is not required. Gather evidence like photos and witness statements to strengthen your case.
What if my claim is rejected by the other party?
If rejected, it is important to gather evidence, such as medical documents and photos of the location in Utrecht. Send an official letter with your position and supporting documents. If no response, seek legal assistance or start a partial dispute procedure at Rechtbank Midden-Nederland, located at Vrouwe Justitiaplein 1.
Can I contact the other party's insurer directly?
In traffic accidents in Utrecht, you can approach the WAM insurer directly. In other personal injury cases, you generally first address the liable party, who forwards the claim to the insurer. Always check if direct action is possible under the policy conditions.
What if I am partly at fault for the accident?
If you are partially responsible, your compensation may be reduced based on 'contributory negligence'. A judge determines the percentage of your fault. For example, if you are 25% at fault, you receive 75% of the compensation. Legal advice, for example via the Juridisch Loket Utrecht at Catharijnesingel 55, can help.