Liability means that another is held responsible for the damage you suffered. This damage must be compensated by the other party.
The starting point in our Civil Code is that everyone must in principle take responsibility for their own damage. Sometimes an exception applies and in that event the other party must take responsibility for the damage. This entirety forms the liability. There are two kinds of liability: contractual liability and statutory liability.
Contractual liability in personal injury law
Liability means that another person can be held liable for your damage. This damage must then be compensated by the other party. If a contractual obligation is breached, contractual liability has arisen. It then concerns the absent, untimely, or improper fulfilment of obligations. In the event of medical errors or an accident at work, contractual liability may have arisen.
A treatment contract is concluded between a hospital and a patient or between a doctor and a patient. The hospital and the doctor state in this contract that they will make endeavours to treat the patient in the correct manner. However, neither the hospital nor the doctor provide any guarantee of a good result.
If a doctor does not meet the standard of care which physicians must adhere to, the contract has not been complied with. What this carefulness exactly entails depends on the cause and nature of the medical error and, furthermore, the seriousness and the consequences of the error play a role in this.
In order to successfully hold a doctor or hospital liable, it is necessary to establish that the doctor concerned has not adhered to the standard of care applicable to the treatment concerned.
Accident at work
Liability for an accident at work
is regulated by law. The employer must ensure a safe working environment. The employer has a duty of care to prevent accidents at work.
Statutory liability in personal injury law
Statutory liability has arisen when the law states that another is liable for your damage.
Liability for unlawful act
The Dutch Civil Code regulates the unlawful act. This means that when a person commits an unlawful act towards someone else, which can be attributed to him or her, then he or she will be obliged to compensate the damage of the other person.
There is a distinction between strict liability and liability based on fault. Liability based on fault means that it is your fault that damage has arisen and that this can be attributed to you. In case of strict liability, something will be on the account of someone without this person being at fault. This applies among other things to:
•Parents who must compensate damage caused by an unlawful act of the child.
•Employers who must compensate damage caused by an unlawful act of an employee.
•Owners of animals if the animal has caused damage.
•Those who have introduced a product onto the Dutch market and this product is defective (product liability).
Liability can also arise through a gross violation during a sport competition. Or misconduct on a school playground or in the play park. If that is the case there is a 'sport and play situation'. Liability is often difficult to prove. Is the behaviour still within the game situation or not?
Road traffic liability
Personal injury law is also an important part of road traffic liability. The Road Traffic Act regulates the relationship between a motorised road user and a non-motorised road user. Damage between motorised vehicles is also possible.
AK Advocaten can assess together with you whether the damage you suffered must be compensated by another. We work with a specialised team with years of experience in the field of liability law and personal injury law.
Please contact us.
Personal Injury Law