Liability

Liability law is based on the principle that everyone should bear his or her own losses. Just as every rule, this one has many exceptions in which the responsibility of the consequences can be shifted onto another person, legal entity, administrative body (or insurance company). Dutch law serves to prevent harmful conduct to e.g. pecuniary interests, privacy, reputation and property interests. GMW’s LED lawyers will advise, mediate and negotiate in all cases where liability is an issue – be it on a personal or corporate level – exploring the legal limitations and chances of your particular case.

Although liability law is part of civil law, it sometimes touches upon aspects of criminal and administrative law, as well. Most often cases of liability law involve some sort of a shortcoming, tort or failure. A classical example would be a clear breach of contract; the driver who fails to give right of way, causing a collision; the employer who fails to comply with safety regulations, having to bear the consequences of a work related accident within the company; a copyright/trade mark infringement; an administrative body that makes a mistake in a zoning plan; or the producer who delivers a faulty product.

In a liability claim a failure of some kind has to be established as well as a link to the damage. Compensation may be claimed when the failure/shortcoming can be related to the damage. The general rules is that a claimant must prove both tort and damage in order to bring a successful claim.

In case of a dispute liability claims can be brought to court. There are also several dispute committees and other competent bodies handling liability claims made on an individual or collective basis; consumer’s organisations have accomplished significant groundwork in this sense.