Aansprakelijkheid
Liability
The legal obligation of a person or organisation to compensate damage caused to another. The basis for every personal-injury claim.
Liability
Liability is the legal obligation of a person, company or government body to compensate damage caused to another. In injury law liability is the foundation of every claim: without established liability there is no right to compensation. The main legal basis is Article 6:162 BW (tort), but liability can also arise from a contractual relationship or from special statutory provisions.
Main forms in injury practice
Practical consequences
Before a victim can receive compensation, liability must be acknowledged by the liable party or its insurer, or established by the court. In practice the WAM insurer (Motor Insurance Liability Act) often quickly acknowledges liability in traffic accidents, after which negotiation on the extent of damage follows. Where liability is disputed, a victim can start a sub-dispute procedure (Art. 1019w Rv) to obtain clarity quickly. The victim's contributory negligence (Art. 6:101 BW) can reduce the duty to compensate.
“The court held that the road authority bore liability for the accident, because the dangerous hole in the road surface had been known for weeks but was not repaired.”
Source: AI
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