Unsafe situation or road

What happened

Injury caused by an unsafe situation occurs more often than you think. You trip over a loose paving stone, fall through a hole or a subsidence in the road surface, slip on a wet floor in a supermarket or restaurant, fall down stairs without a proper handrail, or get injured by a loose object on a building. Sometimes the injury is limited to a bruise, but a fall can also lead to a broken hip, a concussion, or permanent health problems.

The common thread in all these cases is that the location where it happened was unsafe, while someone else is responsible for that safety. A shopkeeper must ensure a safe floor, a municipality a well-maintained road and sidewalk, and the owner of a building safe access. If that responsible party allows a hazard to persist, you can hold them liable for your damages.

The most important thing in this type of case is evidence, and ideally, you should gather it immediately. Take photos at the scene and report the incident to the store, hospitality establishment, or municipality. The sooner and more concrete the evidence, the stronger your case. Would you like to know which other forms of miscellaneous injury we handle? Then take a look at our page on miscellaneous personal injury.

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Who is liable

The basis for liability is the unlawful act under Article 6:162 of the Dutch Civil Code: anyone who allows a dangerous situation to persist while they could and should have prevented it acts unlawfully. Consider a supermarket that fails to clean up or mark a spilled liquid. However, the law provides even stronger avenues beyond this, where you do not even need to prove fault.

Defective structure and road (Art. 6:174 BW)

Article 6:174 of the Dutch Civil Code (BW) regulates so-called building liability. The owner of a building or structure connected to the ground is liable if that structure does not meet the standards that can reasonably be expected of it and thereby poses a danger. Importantly, this also public roads, bicycle paths, and sidewalks . If the road is defective, the road authority—often the municipality or province—is liable. The beauty of this is that it is strict liability: you do not have to prove that the municipality was negligent, but only that the road was defective and that this caused your injury.

Defective movable property (Art. 6:173 BW)

If it concerns a loose object not connected to the ground, Article 6:173 of the Dutch Civil Code. The possessor of a defective movable object that poses a particular danger to persons is liable for the damage resulting therefrom. Examples include a defective ladder, a wobbly shop rack, or broken patio furniture. Here, too, you do not need to prove fault.

Which basis is strongest in your case depends on the situation. We assess this and hold the appropriate party liable, whether that is the municipality, a shop, a landlord, or a property owner.

Sometimes multiple parties are involved simultaneously. In the event of an accident on a construction site, for example, both the contractor and the property owner may play a role. And if the incident occurs within rented business premises, it is not always immediately clear whether the tenant or the landlord is responsible. We investigate who is liable for what and focus on the party with whom you have the strongest position, so that you do not have to delve into the matter yourself.

Which damages and compensation for pain and suffering

You are entitled to compensation for all your damages. The law distinguishes between two types. Material damage is anything that can be expressed in monetary terms: medical costs, deductible, travel expenses to doctors and physiotherapy, domestic help, any modifications to your home, and the income you lose because you are unable to work or can work less. Damaged clothing or a pair of damaged glasses also counts, as does future damage.

In addition, there is non-material damage, better known as suffering compensation. This is compensation for the pain, grief, and loss of enjoyment of life caused by your injury. In the case of a fall with permanent consequences, such as a poorly healed fracture or chronic pain, this item can amount to a substantial sum.

The amount of compensation you receive depends on the nature and severity of the injury, the duration of your recovery, and the lasting consequences. Judges consider previous rulings in similar cases. We select the relevant comparable cases and ensure that no item of damage is overlooked. You can find a complete overview on our page about compensation.

Do not underestimate a seemingly innocent fall. A broken wrist may seem straightforward, but it can lead to long-term physiotherapy, permanently reduced hand function, or problems at work. For the elderly, a fall can have major consequences for their independence. That is why we look not only at today's costs but also at the damage you may suffer in the future, ensuring your compensation actually covers what happens to you.

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What you need to do

In an unsafe situation, quick and solid evidence almost always makes the difference between winning and losing. Therefore, remember these steps.

• Immediately take photos of the scene: the loose tile, the hole, the wet floor, and preferably also of your injuries.
• Report the incident immediately. At a shop or hospitality establishment: ask if it will be recorded in an incident register. At a road or sidewalk: report it to the municipality.
• Gather witnesses. Ask for the names and phone numbers of people who saw it.
• Go to a doctor and have your injury documented, even if it seems minor.
• Keep all documents: receipts, invoices, and all correspondence.
• Do not wait too long to hold the responsible party liable.

Also pay attention to the statute of limitations. For personal injury caused by an unsafe situation, a limitation period of five years generally applies from the date you become aware of the damage and the liable party. Therefore, it is wise to act quickly and seek advice before evidence disappears or the time limit expires.

Do you need an expert?

You are not obliged to seek help, but it almost always pays off. Liability is often disputed, particularly in unsafe situations: the opposing party claims that you were not paying attention yourself or that the situation was not dangerous. An experienced personal injury expert knows which legal basis is the strongest, how to substantiate the evidence, and how to counter a defense regarding contributory negligence.

The great thing is that our help costs you nothing. Pursuant to Article 6:96 of the Dutch Civil Code, the reasonable costs of legal assistance are considered part of your damages. Therefore, the liable party compensates not only your personal injury damages but also the costs of our guidance. For you, our help is free of charge.

We handle the entire process for you: from identifying the responsible party and gathering evidence to negotiating with the insurer. You focus on your recovery, and we ensure you receive what you are entitled to. Want to know the value of your case? Use our tool to calculate your personal injury damages or contact us without obligation.