What if you’re walking the dog outside and you suddenly fall over a loose sidewalk tile? Such a sudden fall can have major consequences, especially if there is injury. Then it is wise to check whether your damage can be recovered from the manager of the sidewalk. Because dangerous situations, such as loose sidewalk tiles, must be avoided as much as possible.
As a road manager, your municipality is responsible for proper maintenance of all streets, cycle paths and sidewalks within the municipality. The knowledge platform CROW helps with this, with guidelines and advice to governments, to keep the infrastructure in the public space good and safe.
Liability road manager
Pursuant to Article 6:174 of the Dutch Civil Code, the municipality can be held liable for the (injury) damage you suffer if it appears that the sidewalk is defective. The municipality has a legal duty of care and must make every effort to keep all infrastructure in a good and safe condition. If an unsafe situation occurs, you can expect the municipality to quickly remedy this situation in order to prevent accidents. If the municipality is aware of an unsafe situation, but nevertheless does not intervene or intervenes insufficiently, it can be held responsible if an accident does occur at the location in question.
Prove your damage
Your claim for damages must be substantiated with evidence that demonstrates the facts, such as photographs of the situation, witness statements from local residents and details of any previous accidents at that particular location. This information is important, because it can lead to the conclusion that the poor condition of the sidewalk is at the risk of the municipality. In that case, your damage will have to be fully compensated by the municipality.
Injury assistance
Settling a personal injury claim is specialist work. The help of a specialized lawyer is indispensable to ensure that all damage is compensated by the other party. Have you fallen victim to an unsafe sidewalk? Or have you been involved in a traffic accident or an industrial accident and would you like to claim your personal injury? Please feel free to contact us. We are at your disposal without obligation and free of charge.