Personal injury in a public space: who is liable?
Have you recently fallen in a public space? Perhaps you tripped over a loose paving stone or slipped in a supermarket. These types of accidents can have profound consequences and lead to personal injury. In many cases, the question then arises: who is liable? Is it the municipality, the owner of the building, or perhaps yourself? In this extensive and in-depth article, we explain how liability for personal injury in a public space is legally regulated according to Article 6:174 of the Dutch Civil Code (BW), we provide practical examples, and we answer frequently asked questions.
For legal help and expert guidance with personal injury, you can always count on Arslan & Arslan Lawyers.
What is personal injury in a public space?
Personal injury concerns all forms of physical, mental, or material injury that you sustain due to an accident, incident, or unsafe situation. When this takes place in the “public space” – that is, places that are accessible to the public, such as streets, sidewalks, parks, and shops – we speak of personal injury in a public space.
Examples are numerous: an accident on a poorly maintained sidewalk, slipping on a slippery floor in a supermarket, or tripping over abandoned bags in a shopping street.
Personal injury can have major consequences: medical costs, loss of income, pain and sorrow, or permanent limitations. It is therefore essential to know who is liable and how you can enforce your rights.
Common situations: loose paving stones and slipperiness in shops
Tripping over a loose paving stone
Are you walking in a public space and do you trip over a loose or subsided paving stone? Unfortunately, this happens regularly and can lead to bone fractures, sprains, or head injuries. The condition of the sidewalk plays a major role in your right to compensation.
Slipping in a shop or supermarket
Supermarkets and shops are obliged to keep their premises safe. Slippery floors due to spilled liquids, abandoned products, or poor cleaning policies can lead to personal injury. It often takes some time before employees clean up the hazards. This brings liability issues with it.
Other examples
- Fall in parking garages due to poor maintenance
- Injury due to poorly visible obstacles in public passages
- Accident due to insufficient lighting on the street
All situations that cause personal injury in a public space and where the question arises who is responsible.
Liability according to Article 6:174 of the Dutch Civil Code (BW)
The Dutch Civil Code regulates liability for accidents in a public space in Article 6:174 BW. This states:
Article 6:174 BW regulates liability for a defective structure. For public roads and public works, the responsible government body can be liable on the basis of this provision. Which party is responsible depends on the specific situation and the capacity of the party involved.
Key points of Article 6:174 BW:
- Defect in the object: There must be a ‘defect’ that endangers safety, for example, a loose paving stone.
- Damage caused by that defect: The damage must be directly caused by that defect.
- Liability: The owner, possessor, or user is liable unless he can prove that he has fulfilled his maintenance and safety obligations.
This article forms the legal basis for claims against municipalities or building owners for personal injury in public spaces.
The role of the municipality
Municipality as road authority
The municipality is often the manager of roads, sidewalks, and parks. It has the statutory duty of care to ensure that the public space is safe. This means that the municipality:
- Must maintain roads, cycle paths, and sidewalks and repair defects.
- Must keep lighting and signposting in order.
- Must identify and prevent hazards in a timely manner.
When is the municipality liable?
The municipality is liable if there is a defect or flaw in the public space that caused the accident, and if it has not fulfilled the obligation to maintain or repair. For example:
- A loose paving stone that has been known to the municipality for some time but has not been repaired.
- Insufficient ice and snow control during winter conditions while slipping occurs as a result.
Exceptions
The municipality is not easily liable if:
- The damage is the result of one’s own fault or passing circumstances.
- The municipality can prove that it has taken all reasonable measures.
The liability of building owners and entrepreneurs
Building owner and manager
A building owner or manager of a shop, supermarket, or office building has a duty of care for safety in and around the building. This entails:
- Timely cleaning up of spilled liquids.
- Removing or marking dangerous obstacles.
- Sufficient cleaning and control policy.
When is the entrepreneur liable?
If you slip on a spilled liquid in a shop or trip over abandoned items, the building owner or entrepreneur is often liable because:
- They have exercised insufficient supervision.
- They have acted insufficiently after noticing danger.
- They have not remedied the defect in a timely manner.
Example:
A customer in a supermarket becomes ill and spills a bottle of juice. Employees do not notice this immediately or do not clean it up. Another customer slips and suffers a hip fracture. The supermarket is liable for the damage according to Article 6:174 BW.
Own fault and shared responsibility
In personal injury cases, one’s own fault sometimes also plays a role. This means that if you yourself contribute to the accident, this can affect the compensation.
What is own fault?
Own fault means that your own actions or omissions have contributed to the accident. For example:
- Not looking out when walking on an uneven sidewalk.
- Looking intently at the phone and tripping.
- Not paying attention in a shop where many other customers are walking.
Consequences of own fault
If your own fault is established, the compensation can be reduced in proportion to your own responsibility. This is also called proportional liability.
An experienced lawyer can assess whether there is a question of own fault and how this affects your case.
What do you do in the event of personal injury in a public space?
Gather evidence
- Take photos immediately of the place where the accident occurred.
- Note the circumstances and any defects.
- Gather witness statements if possible.
- Keep medical reports and bills.
Report the accident
- Report it to the municipality if it is in a public space.
- Inform the owner or manager of the building in the event of a shop accident.
Consult a personal injury expert
A specialized personal injury lawyer can represent your interests, establish liability, and calculate damage.
Submit a claim for damages
With the help of your lawyer, you can submit a substantiated claim for medical costs, loss of income, pain and suffering, and other consequences.
Engage Arslan & Arslan Lawyers
We offer expert, involved, and result-oriented support in personal injury cases.
FAQ about personal injury in a public space
Who is liable if I trip over a loose paving stone?
In most cases, the municipality as the owner of the public road is liable, unless it can prove that it has carried out all necessary maintenance.
Can I hold a shop liable if I slip on a spilled liquid?
Yes, if you can prove that the shopkeeper has not taken sufficient care of safety, for example by reacting too late to the danger.
How do I prove that my injury was caused by a defect in a public space?
By gathering photos, witness statements, and medical reports. Your lawyer can help you with this.
What if I myself am partly to blame for the accident?
The compensation can then be reduced. It is important to have this carefully assessed.
Are the costs of a personal injury lawyer always for my own account?
No, in the event of a successful claim, the liable party usually also reimburses your lawyer’s fees. Reasonable extrajudicial costs can be recovered from the liable party under certain conditions on the basis of Article 6:96 BW.
Why choose Arslan & Arslan Lawyers?
Arslan & Arslan Lawyers specializes in personal injury and assists you with legal expertise, empathy, and decisiveness.
What we offer:
- Free initial consultation: You immediately know where you stand.
- Free legal assistance: On the basis of Article 6:96 BW, our costs can be recovered from the opposing party.
- Expert claims: Extensive knowledge of Article 6:174 BW and other relevant laws and regulations.
- Personal guidance: We understand that personal injury is more than just legal costs.
Your health and rights come first. Let Arslan & Arslan Lawyers help you get your damage compensated, so that you can focus on recovery.
Have you suffered personal injury in a public space? Contact Arslan & Arslan Lawyers today for a no-obligation and free consultation.
This article is intended as general information and does not replace personal legal advice. For an assessment of your situation, we recommend contacting us.
More information about personal injury in a public space
Also view our page about personal injury services or read about personal injury amounts and smart money. Do you want to know when you need legal help? Then read when you should engage a personal injury lawyer.
For information about the duty of care of municipalities, we refer to Rijksoverheid.nl – Municipalities and Rechtspraak.nl.
Have you suffered personal injury in a public space? Contact Arslan & Arslan Lawyers for free legal advice about your situation
