Liability Law

The basic principle of the Dutch legal system is that everyone bears their own damages. The exception to this is if the law states that someone else is responsible for the damage. Only in that case is a third party liable and can it be compensation claimed.

Unlawful act

One such case is when someone has a wrongful act commits. This need not necessarily be an act, but can also consist of negligence. This is the case, for example, when acting in violation of a legal obligation.

Directors' liability

Not only private persons can commit an unlawful act, legal persons can also act unlawfully. Under circumstances in that case, in addition to the legal entity, the director can also be directly sued. In that case we speak of directors' liability.

Notary or broker liability

Professionals such as a notary or a broker may also be liable to their clients or to third parties. If they act unlawfully in the performance of their duties this is obvious, but the notary may also be liable or the broker liable on grounds other than tort. The attorneys at Lexys Lawyers can tell you more about that. They are experts in liability law and regularly act against, but also for, notaries and brokers who are held liable.

Strict liability

In addition to liability for acts or omissions, we also have what is known as strict liability in Dutch law. For example, the law assumes that if a pet causes damage, its owner may be liable. Or the owner of an immovable property, who is liable for damage caused by a defect in that property. For example, consider a roof tile falling off the roof and causing damage to a parked car.

Damage

Part of liability law is the question of how to calculate damages. This is subject to various requirements that are stated in the law and crystallized in case law. Not only calculating the amount of damages is narrow, but also whether certain expenses qualify as damages for compensation. Determining liability is thus step one, the damage Budgeting is a very important and often underestimated second step.

Lawyer liability law

Have you suffered damages and want to know if you can recover them from someone else? Or are you actually being asked to pay damages? Then please contact with the liability law attorney at Lexys Attorneys at Law.