For entrepreneurs who are held liable, want to recover damages themselves, or are at odds with their insurer.
This area of law determines who is responsible for damages, what must be compensated, and who ultimately pays — from a liability claim to an insurer refusing coverage. Our lawyers and in-house counsel assist both international corporations and the local entrepreneur: practical and legally sharp.
Lawyers and in-house counsel for liability and insurance law in one team.Practical specialist legal assistance for entrepreneurs.
Active for SMEs and corporates — from large corporations to the baker on the corner.Practical specialist legal assistance for entrepreneurs.
Core themes: liability, damage claims, exoneration, and coverage disputes.Practical specialist legal assistance for entrepreneurs.
Specialist advice on liability, damage, and insurance from €155 per hour excl. VAT.Clarity regarding the process, approach, and next steps.
We worked for, among others:
We worked for, among others:
Expertise in Liability, Damages, and Insurance
This area of law determines who is responsible for damages, what must be compensated, and who ultimately pays — from a liability claim to an insurer refusing coverage. Our lawyers and in-house counsel assist both international corporations and the local entrepreneur: practical and legally sharp.
Liability arising from tort
Have you suffered damage from or caused to another party without a contract? Our lawyers and (corporate) legal experts advise on and litigate matters concerning non-contractual liability (Article 6:162 of the Dutch Civil Code) – from international corporations to the baker on the corner.
Is the other party failing to comply with an agreement? We assess whether there is an attributable breach and choose the strongest course of action: performance, damages, or dissolution. For the international corporation and the baker on the corner.
With our broad expertise in liability, damage, and insurance, we serve clients in diverse sectors. From SMEs, listed companies, and international enterprises to (semi-)governmental bodies and non-profits. Our services are characterized by high quality, reliability, and in-depth specialization.
With our broad expertise in liability, damage, and insurance, we serve clients in diverse sectors. From SMEs, listed companies, and international enterprises to (semi-)governmental bodies and non-profits. Our services are characterized by high quality, reliability, and in-depth specialization.
Have you suffered damage due to an error by another party, or are you being held liable? Our lawyers and in-house counsel build your claim for damages with precision or mount a targeted defense, for clients ranging from international corporations to the baker on the corner.
Excluding liability via an exoneration clause requires careful consideration. Our lawyers and in-house counsel ensure that your clause truly covers the tort – or defend you against reliance on it.
A workplace accident or occupational disease affects both the employee and the employer. We advise and litigate regarding the duty of care under Article 7:658 of the Dutch Civil Code and good employership, from international corporations to the baker on the corner.
What falls under liability, damage, and insurance?
This area of law revolves around a single question: who bears the cost of the damage, and who ultimately pays it? It consists of three interconnected layers. Liability determines who is legally responsible, based on breach of contract (Article 6:74 of the Dutch Civil Code) or unlawful act (Article 6:162 of the Dutch Civil Code). The damage determines what must actually be compensated, regulated in Articles 6:95 to 6:110 of the Dutch Civil Code. And the insurance determines whether, and from whom, that damage can ultimately be recovered — via the policy conditions and the title in Articles 7:925 to 7:986 of the Dutch Civil Code.
Our lawyers and in-house counsel assist both international corporations and the local entrepreneur — from a liability claim following a failed project to an insurer refusing coverage. While many firms primarily work for insurers and large corporations, we take a practical and concrete approach, even for the baker around the corner.
Liability arising from contract: breach of contract
If a contracting party fails to fulfill its obligations, this constitutes a breach of contract. If performance is still possible but does not occur, default only arises after a notice of default (Article 6:82 of the Dutch Civil Code): a written demand with a reasonable period. The obligation to pay damages follows from Article 6:74 of the Dutch Civil Code. If performance is permanently impossible, default is not required (Article 6:81 of the Dutch Civil Code). We first assess whether you have correctly given notice of default before you claim damages; a well-drafted notice of default is often the difference between a successful and a hopeless claim.
Liability outside of contract: tort
If there is no contract, the tort (Article 6:162 of the Dutch Civil Code) provides the basis. For liability, five requirements must be met: an unlawful act, imputability, damage, a causal link (Article 6:98 of the Dutch Civil Code), and relativity (Article 6:163 of the Dutch Civil Code). In addition, the law recognizes special, often strict, forms of liability: for subordinates (Article 6:170 of the Dutch Civil Code), for defective goods (Article 6:173 of the Dutch Civil Code), for buildings (Article 6:174 of the Dutch Civil Code), for animals (Article 6:179 of the Dutch Civil Code), and product liability (Articles 6:185 to 6:193 of the Dutch Civil Code). In the case of the latter, the injured party does not need to prove fault, only the defect and the damage.
Directors' liability
A director acts on behalf of the company and is, in principle, not personally liable. This changes in the event of serious personal misconduct. Internally, Article 2:9 of the Dutch Civil Code applies towards the company itself. In bankruptcy proceedings concerning manifestly improper management, Articles 2:138 and 2:248 of the Dutch Civil Code apply. Towards third parties—for example, a creditor who remains unpaid—liability runs through tort law (Article 6:162 of the Dutch Civil Code). For directors, we assess both the defense and, for aggrieved creditors, the attack.
The damage: what needs to be compensated?
The basic principle is that the injured party is restored, as far as possible, to the position they would have been in without the fault. Compensation is provided for pecuniary damage — suffered loss and lost profits (Article 6:96 of the Dutch Civil Code) — and, in limited cases, other disadvantage such as compensation for pain and suffering (Article 6:106 of the Dutch Civil Code). The damage must be causally linked (Article 6:98 of the Dutch Civil Code), and the injured party's own fault may reduce the compensation (Article 6:101 of the Dutch Civil Code). A duty to mitigate damages also applies. We substantiate the items of damage concretely, because a claim stands or falls on the calculation and the evidence.
Limiting liability: exemption clauses and general terms and conditions
Prevention is better than litigation. With an exemption clause in your contract or in your general terms and conditions , you limit or exclude liability in advance. Such a clause does not always hold up: it may be unacceptable according to standards of reasonableness and fairness (Article 6:248 paragraph 2 of the Dutch Civil Code), for example in cases of intent or conscious recklessness, and it may be voidable against consumers or small business owners (Articles 6:233 and 6:237 of the Dutch Civil Code). We draft exemption clauses that hold up in practice and assess whether your counterparty's terms and conditions are binding on you.
The insurance: coverage, exclusions and the insurer
If you are liable, the next question is whether your liability insurance (AVB) provides coverage — or, conversely, whether your own non-life insurance pays out. Many disputes arise here: regarding the interpretation of the policy conditions, exclusions, the duty of disclosure when taking out the insurance (Article 7:928 of the Dutch Civil Code), and concealment (Article 7:930 of the Dutch Civil Code). The insurer must act as a reasonably prudent insurer in the interpretation and settlement process. If they refuse coverage or offer insufficient coverage, we will assess the policy and conduct the discussion — or the proceedings — on your behalf.
Settle first or proceed: the settlement agreement
Many damage cases do not end up in court but in a settlement. In a settlement agreement , you establish final discharge and payment, so that the case is permanently closed. We assess whether a settlement is more favorable than litigation and ensure that the agreements legally watertight what you intend.
Related expertise
Liability and damages relate directly to the broader law of obligations (breach of contract, tort, and damages at its core) and to our litigation and disputes practice group when a claim results in legal proceedings. If the dispute concerns a contract, our contract law specialists review the underlying agreements.
What we help with
Whether you wish to recover damages, are being held liable, or are in conflict with your insurer — our lawyers and legal experts support you in every aspect of liability, damages, and insurance.
Assessing and drafting notices of liability and notices of default (Article 6:82 of the Dutch Civil Code)
Recovering damages in case of breach of contract (Article 6:74 of the Dutch Civil Code) or unlawful act (Article 6:162 of the Dutch Civil Code)
Defending against a claim or liability claim
Directors' liability: attack and defense (Articles 2:9, 2:248 and 6:162 of the Dutch Civil Code)
Product liability and strict liability (Articles 6:173 to 6:193 of the Dutch Civil Code)
Calculation of damages and substantiation of damage items (Articles 6:95 to 6:101 of the Dutch Civil Code)
Drafting and reviewing exemption clauses and general terms and conditions
Coverage disputes with insurers and interpretation of policy conditions (Articles 7:925 to 7:986 of the Dutch Civil Code)
Recording settlement and final discharge in a settlement agreement
Litigating in court when a settlement fails
When do you engage this team?
Often, issues have been brewing for some time before they escalate legally. The sooner you involve us, the more options you retain and the greater the chance of limiting damage. If you recognize any of these situations, seeking advice is wise.
You are being held liable for damages and do not know whether that is justified
In liability cases, your starting position determines the outcome. Before we hold a party liable or approach an insurer, we map out the facts, the contract, the policy conditions, and the damage. In this way, we choose the route—negotiating, settling, or litigating—that best serves your interests, rather than a claim that proves legally untenable or a defense that unnecessarily exposes you.
Our approach
From question to solution in four steps.
1
Intake
We discuss what happened, your objective and the parties involved, and review the contract, policy, and correspondence.
2
Analysis
We assess liability, damage, and coverage against the law and documents, and map out opportunities and risks.
3
Strategy
We choose the route — holding liable, negotiation, settlement, or proceedings — and the involvement of a lawyer or legal expert.
4
Execution
We execute: from drafting documents and negotiating with the insurer to litigating in court.
Mr. Jaime BoogaersCorporate Law · Lawyer
In a legal dispute, it is not just about being right. It is also about evidence, timing, negotiating position, and the business consequences of every step.
Specialists in Liability, Damages, and Insurance
Our specialists combine legal analysis with experience in cases for entrepreneurs, directors, and organizations.
All our legal experts and lawyers possess broad knowledge of liability, damages, and insurance. In addition, they have specialized in one or more areas of focus within private law. We have organized several areas of focus into various practice groups. Each lawyer is part of one or more practice groups based on his or her specialism(s). Clients can go directly to the appropriate practice group for each case. Here, they are assisted by the lawyer or legal expert most suitable for the case. Where necessary, we draw upon the expertise and experience of our specialist colleagues from other practice groups.
Frequently asked questions about liability, damage, and insurance
The questions entrepreneurs ask us most often.
When am I liable for damage caused by another person?
In short, in two situations: you fail to honor an agreement (breach of contract, Article 6:74 of the Dutch Civil Code) or you act unlawfully and this is attributable to you (Article 6:162 of the Dutch Civil Code). In both cases, the other party must have suffered damage that is causally linked to your actions (Article 6:98 of the Dutch Civil Code). Whether this is the case depends on all the circumstances; we assess your position before you make any commitments or payments.
My insurer refuses coverage. What now?
A refusal is not the end of the road. Often, it revolves around the interpretation of the policy conditions, an exclusion, or a claim of concealment (Articles 7:928 and 7:930 of the Dutch Civil Code). We assess the policy, the rejection letter, and the facts, and enter into discussions or proceedings with the insurer on your behalf. A reasonably acting insurer must properly substantiate its refusal.
Can I limit my liability in advance?
Yes, with an exemption clause in your contract or general terms and conditions. Such a clause is not unlimited: in cases of intent or conscious recklessness and contrary to reasonableness and fairness (Article 6:248 paragraph 2 of the Dutch Civil Code), it does not hold up, and against consumers or small counterparties, it may be voidable (Articles 6:233 and 6:237 of the Dutch Civil Code). We draft exemption clauses that hold up in practice.
How is my damage calculated?
The basic principle is that you are restored as much as possible to the position you would have been in without the error. Compensation is provided for incurred loss and lost profits (Article 6:96 of the Dutch Civil Code) and sometimes for pain and suffering (Article 6:106 of the Dutch Civil Code). Contributory negligence can reduce the compensation (Article 6:101 of the Dutch Civil Code), and you have a duty to mitigate damages. We substantiate every item of damage concretely, as evidence and calculation determine the outcome.
Do I need a lawyer or a legal expert?
That depends on your situation. For advice, drafting a notice of default or exoneration clause, substantiating damages, and negotiating with a counterparty or insurer, an in-house counsel is often sufficient. For legal proceedings in court, a lawyer is mandatory. We have both lawyers and legal experts in-house and determine together with you what is appropriate.
Within what timeframe must I submit a claim?
Pay attention to the statute of limitations. In principle, a claim for compensation lapses five years after you become aware of both the damage and the liable person, with an absolute limit of twenty years after the event (Article 3:310 of the Dutch Civil Code). Therefore, do not wait too long: timely interruption of the limitation period or notification of liability can safeguard your rights.
Discuss your situation with a specialist in liability, damages, and insurance.Our lawyers and legal experts in liability and insurance law help both large companies and small business owners—whether you want to recover damages, are being sued, or are facing an issue with your insurer. Schedule a meeting and know where you stand within a single session.
