What is a liability claim?
A notice of liability is a written communication by which you formally hold another party responsible for the damage you have suffered and indicate that you wish to recover that damage from them. A notice of liability is more than just an angry letter: it serves a concrete legal function. Firstly, it interrupts the statute of limitations for your claim for damages, ensuring that your right to compensation does not expire while you are still assessing or negotiating the damages. Secondly, it establishes the factual basis upon which you base your claim, which strengthens your evidentiary position in any potential proceedings. Thirdly, it gives the party being sued—and their insurer—the opportunity to acknowledge liability and reach an amicable settlement. A legally correct and fully drafted notice of liability significantly increases your chances of a successful claim and prevents procedural pitfalls that could undermine your right to compensation.
Our lawyers will draft a legally substantiated notice of liability for you that interrupts the statute of limitations, clearly formulates the basis of liability, and provides maximum protection for your evidentiary position—whether it concerns breach of contract, tort, directors' liability, or special statutory liability.
What is the difference between liability for breach of contract and unlawful act?
The distinction between these two grounds is of great practical importance for the content and strategy of your liability claim. In the case of breach of contract under Article 6:74 of the Dutch Civil Code, the counterparty fails to fulfill a contractual obligation. Examples include a contractor delivering defective work, a supplier failing to deliver on time, or a service provider performing below par. In principle, breach of contract requires that the debtor be in default—usually through a notice of default—before you can claim damages. The limitation period is ten years under Article 3:307 of the Dutch Civil Code. In the case of unlawful act under Article 6:162 of the Dutch Civil Code, the counterparty acts contrary to the law, to a right of another, or to what is proper in social conduct, without a contractual relationship existing. Examples include a traffic accident, professional negligence, endangering public safety, or unfair competition. A notice of default is not required. The limitation period is five years after the day on which you became aware of the damage and the liable party, and in any event twenty years after the damage-causing event pursuant to Article 3:310 of the Dutch Civil Code. The choice of legal basis determines the limitation period, the burden of proof, and the requirements to be met — and thus the strategy for your claim of liability.
What elements must a notice of liability contain?
A legally sound notice of liability contains at least the following elements. An accurate description of the facts: when did the damage-causing event occur, what exactly happened, and which circumstances are relevant. A substantiated legal basis: on which legal grounds do you hold the opposing party liable — breach of contract, tort, strict liability, or a specific statutory basis — with reference to the applicable articles of law. A damage overview: a specified statement of the damage suffered and damage yet to be expected, including material damage, consequential damage, lost profits, and any non-material damage. A declaration of interruption: an explicit statement that you reserve the right to compensation, sufficiently clear and specific to qualify as an act of interruption pursuant to Article 3:317 of the Dutch Civil Code. A response period: a reasonable period within which you expect a response from the opposing party. And an announcement of further steps in the event that an adequate response is not received. Our lawyers ensure that all elements are present correctly and completely.
Why is the interruption of the statute of limitations so important?
The interruption of the statute of limitations is often the primary legal function of a notice of liability. If you allow the limitation period to expire unnoticed, you lose your right to compensation—regardless of the strength of your substantive claim. Pursuant to Article 3:317 of the Dutch Civil Code, the statute of limitations is interrupted by a written demand or notification in which the creditor unequivocally reserves their right to performance or compensation. The act of interruption must be sufficiently clear: a vague letter without an explicit claim for compensation may be insufficient for a valid interruption. After interruption, a new limitation period begins to run—another five years for a claim arising from a tort, and another ten years for breach of contract. It is therefore of great importance to send the notice of liability in a timely manner and to repeat it periodically if the settlement of damages is lengthy. Our lawyers monitor the limitation periods in your file and ensure timely acts of interruption.
What are the specific forms of liability that SME entrepreneurs face?
In addition to the general legal bases of breach of contract and tort, the law recognizes a number of special forms of liability that regularly arise in the SME sector. Under directors' liability pursuant to Article 2:9 of the Dutch Civil Code or Article 6:162 of the Dutch Civil Code, a director can be held personally liable for damages resulting from improper management or in the event of bankruptcy. Under product liability pursuant to Article 6:185 of the Dutch Civil Code, the producer is liable for damage caused by a defective product, without the need to prove fault. Under employer liability pursuant to Article 7:658 of the Dutch Civil Code, the employer is liable for damage suffered by an employee in the performance of their duties, unless the employer demonstrates that they have fulfilled their duty of care — a reversal of the burden of proof in favor of the employee. Under building liability pursuant to Article 6:174 of the Dutch Civil Code, the owner of a defective building is liable for damages, even without fault. And in the case of hidden defects in real estate, the seller can be held liable on the grounds of non-conformity or error. For each of these special forms, specific requirements apply regarding the establishment of liability and the burden of proof. Our lawyers will draft a statement of liability for you that is tailored to the specific basis of your claim.
What is the role of the liability insurer and how does that influence your strategy?
In most business liability cases, the party being sued is insured through a liability insurance policy . In practice, the notice of liability reaches not only the party being sued but also their insurer, who takes over the settlement of the claim. This has implications for your strategy. The insurer assesses the claim for coverage — does the alleged damage fall within the policy coverage, or is there a ground for exclusion? Subsequently, they assess the basis of liability and the extent of the damage. A well-substantiated notice of liability with a specified overview of the damage and a clear legal basis significantly accelerates the settlement by the insurer. A vague or legally weak letter gives the insurer room to dispute liability or minimize the extent of the damage. If the party being sued does not have insurance themselves, you must carefully assess the possibilities for recovery — a judgment only has value if the opposing party is actually able to pay. Our lawyers assess the recovery position before we send the notice of liability.
When do you hold multiple parties liable simultaneously?
In more complex damages cases, it is possible—and sometimes necessary—to hold multiple parties liable simultaneously . Consider a construction dispute where both the main contractor and the subcontractor are responsible for the defect, or a workplace accident where both the employer and the hirer are liable. With joint and several liability under Article 6:102 of the Dutch Civil Code, you can hold any liable party liable for the full amount of the damage—the internal burden of payment is a matter between the liable parties themselves. If you appoint only one party, you run the risk that that party will lose out if insolvency proves to be the case. Holding all involved parties liable simultaneously provides maximum protection for your recovery position. Our lawyers will assess who else can be held liable in your situation, in addition to the primary liable party.
How does the determination of liability relate to the defense of contributory negligence?
The party being sued may invoke own fault pursuant to Article 6:101 of the Dutch Civil Code. If the damage is partly the result of a circumstance attributable to the injured party themselves, the obligation to pay compensation is reduced proportionally to the personal contribution to the damage. In extreme cases, the obligation to pay compensation lapses entirely. A notice of liability that describes your own actions negligently or acknowledges facts you might wish to dispute at a later stage can provide the opposing party with grounds for a defense of contributory negligence. Conversely, you can anticipate an expected defense of contributory negligence in your notice of liability by placing the relevant circumstances in a context favorable to you. Our lawyers fully assess the facts of your case before drafting the notice of liability, ensuring that the letter protects your position rather than weakening it.
How much does it cost to draft a liability claim at MKBjuristen?
We work transparently and pragmatically. After a brief intake, we map out the facts, the basis of liability, the extent of the damage, and the recovery position. Based on this, we draft a statement of liability that is legally correct, interrupts the statute of limitations, clearly substantiates the basis of liability, and strengthens your evidentiary position. For simple cases with a clear basis, we work at a competitive fixed rate. In more complex cases involving multiple liable parties, a confluence of legal bases, or a substantial claim for damages, we provide you with a transparent price quotation in advance.
How does it work at MKBjuristen?
Upon receipt of your file, our lawyers first determine the limitation period — is timely action required? Next, we assess the basis of liability, the evidentiary position, the extent of the damage, and the possibilities for recovery. Based on this, we draft a notice of liability tailored to your specific situation — with the correct legal basis, a complete overview of the damage, a legally valid declaration of interruption of the limitation period, and a clear announcement of subsequent steps. We also advise you on the expected response from the opposing party or their insurer and the most effective follow-up strategy: amicable settlement, mediation, or judicial proceedings. From the initial notice of liability to judgment and execution, our lawyers guide you through the entire liability process.
