I fell down, can you hold the municipality liable?

You fell and sustained a personal injury. That’s very upsetting, especially if you cannot recover your damage from anyone. But did you trip over a loose paving stone or manhole cover? Then you may be able to hold the municipality liable for overdue maintenance. Omroep Max asked our personal injury lawyer about this.

Read more about personal injury caused by falls here.

The municipality is responsible for the maintenance

Within the municipal boundaries, the municipality has a maintenance obligation. It must ensure that the road surface is in good condition, that the paving stones are level and do not protrude too much, and that a broken-up section of the road is cordoned off. This is stated in the law as follows:

Article 6:174 paragraph 1 of the Dutch Civil Code
The owner of a building that does not meet the requirements that may be set for it in the given circumstances, and as a result poses a danger to persons or property, is liable if this danger occurs, unless liability under the previous section would have been made void if he would have known this danger at the time of its occurrence.

The road must therefore be well maintained and must not cause dangerous situations for users. Should this happen nevertheless? Then you may be able to hold the municipality liable for overdue maintenance.

Holding the municipality liable is not easy

The municipality is not liable for every fall that occurs on the public road. To a certain extent, you as a pedestrian are expected to pay attention yourself.

In the case of a protruding paving stone, the CROW Visual Inspection Handbook for Road Authorities states that height differences from 3 centimeters are considered serious. If you tripped over a loose paving stone and the height difference was less than 3 centimeters, it is assumed that this is your own fault. However, this is a guideline and not a hard dividing line.

In addition, the municipality must have been given time to repair the defect. For example, when a manhole cover is removed by vandals and someone immediately trips over it, it is difficult to hold the municipality liable for negligence.

Whether the municipality is actually aware of the defect is less relevant.

Would you like our help in holding the municipality liable? Press the button below and fill in the form. We will contact you on the very same business day. Our help is free of charge for victims of personal injury!

When can you hold the municipality liable?

Did you fall because of the municipality’s negligence? It will help your case if you can answer “yes” to one or more of the following questions:

• It concerns more than 3 centimeters in height difference;
• Warnings about the defect have been issued (repeatedly);
• The municipality was aware of the defect after inspection;
• There was sufficient time for the municipality to remedy the defect.

Read more about holding the other party liable in the event of personal injury here.

Burden of proof

You must prove that you have actually fallen over a paving stone that was placed wrongly. Therefore, take pictures of the situation at the scene as soon as possible. Bring a tape measure with you to prove how high the difference in tiles is. It is also necessary that someone witnessed the event. If this is not the case, speak to people at the location who saw you lying on the ground at the scene of the accident. Ask for their personal details. If you are taken away by ambulance, this information can be requested by our lawyers as evidence.

What damage can you claim after tripping over a paving stone?

When the liability has been acknowledged by the municipality, you can – if applicable to your case – claim the following damage items:

• The deductible for your health insurance
• Help with housekeeping (even if it is performed by another family member)
• Lost income (even if this income was undeclared)
• Compensation for pain and suffering
• Dental costs, if there is an injury to your teeth
• Help with household chores

Want to know what damages you can claim? If so, contact us. Our lawyers can assist you in claiming your damages from the municipality free of charge. You can read here why this is free of charge for victims of accidents in the Netherlands.

Calculate your personal injury immediately