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A minor defect in the workplace — such as a loose doorknob — can have major consequences. An employer was held liable by the court for the injury an employee sustained as a result. It underscores the extent of the duty of care: you must provide a safe workplace and take defects seriously.
The duty of care for a safe workplace
As an employer, you have a duty of care (Article 7:658 of the Dutch Civil Code): you must take those measures and give those instructions that are reasonably necessary to prevent an employee from suffering harm. If an employee sustains an injury during work, you are in principle liable, unless you can demonstrate that you have fulfilled your duty of care.
Even a minor flaw counts
A recent ruling (Amsterdam District Court, ECLI:NL:RBAMS:2025:130) shows that even a seemingly insignificant problem — a loose doorknob — can lead to liability if it causes an accident. A defect that you could and should have remedied can therefore cost you dearly.
The reversed burden of proof
In the event of a workplace accident, the burden of proof lies largely with you. The employee only needs to demonstrate that they sustained damage during work; subsequently, you must prove that you fulfilled your duty of care, or that the damage was the result of intent or conscious recklessness on the part of the employee. That bar is set high.
Take maintenance and prevention seriously
Avoid liability by keeping your workplace safe: conduct a risk assessment, resolve reported defects promptly, maintain equipment and facilities, provide instructions, and supervise. Document this as well. A well-substantiated safety policy limits both accidents and your liability.
Frequently Asked Questions
Am I liable for an accident caused by a minor defect?
That is possible, as the ruling regarding a loose doorknob shows. In the event of a workplace accident, you are liable unless you prove that you fulfilled your duty of care.
Who has to prove that the workplace was safe?
You as the employer. The employee only needs to demonstrate the damage and its connection to the work.
How do I limit my risk?
With a risk assessment, rapid repair of defects, maintenance, instructions, supervision, and good documentation.
Is your duty of care and safety policy in order?
Our legal experts advise on employer liability and establish policy. View our liability law– or employment law– team, or schedule a free consultation.
