Holding municipality liable for damages

Do you have damage? And is that, in your opinion, the municipality's fault? Then you can hold the municipality liable. You ask the municipality to compensate the damage.

Approach

This is how you hold the municipality liable:

  • You contact the municipality.
  • You pass on:
    • date and time of the event
    • the exact spot where it happened
    • description of the event: how did the damage occur
    • if you have: a report from someone who was there
    • proof of the damage you have. For example:
      • A bill from the repair or doctor
      • pictures of the situation
      • a police report (an official police report of the event)
    • your name and address, phone number, e-mail address

We will send you an acknowledgement when your liability claim is received. If your claim is covered under the municipality's insurance policy, we will submit your claim to the insurance company. Most claims are covered by the policy. For example, damage caused by falling trees, loose paving stones or holes in the road. The insurance company will handle the claim and let you know if you will receive compensation for the damage.

Description

Do you have damage? And do you think the municipality is to blame? For example:

  • You tripped over a sidewalk tile that was lying wrong.
  • You were in a car accident due to a slippery road surface.
  • Your house has subsided due to work done by the municipality.

You can then hold the municipality liable. This means that you let the municipality know that it is responsible for the damage. The municipality will assess whether this is indeed the case. If so, the municipality will pay part or all of your costs.

Terms

You can hold the municipality liable for damages in, for example, the following situations:

  • The municipality has poorly maintained buildings, roads, squares, public green spaces or the sewage system.
  • A contractor working on behalf of the municipality did not do a good job.
  • The municipality did not warn about dangerous situations.

The municipality is not liable if:

  • you ignored warnings or other measures taken by the municipality
  • the municipality did not yet know about the situation
  • the municipality only briefly knew of the situation and could not yet take action

Objection and appeal

Do you disagree with the municipality's decision? Then you can go to court.

Please note that sometimes you have to go to the civil court and sometimes to the administrative court. Need more information? Contact the Legal Help Desk.