Liability for Bicycle Damage: Free Legal Advice


Questioner

There is now damage to my bicycle (90 euros). My question: do you think that this is a case of an unlawful act on the basis of Article 6:162 of the Dutch Civil Code and if so, from whom can I recover the damages / who is liable here?

Lawyer

I assume the child is not yet 14 years old. In that case, you can hold the parents liable under article 6:164 BW. Most parents have a WAP policy. The school may also be liable based on the duty of care for the employee's property, but I assume that it will deny liability. The school may also be insured against this type of damage.

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