Municipal Liability: Tips and Advice

Questioner

During my work I ended up in a deep pit of more than one meter deep in front of an old hospital building. This well is located in a grassy field and was covered with grass at the time of the accident. Located directly next to the pedestrian area in the street in question. The actual lid of the well was so rotten that I fell through it. It turned out to be a well with a water shut-off valve for the building in question. There was absolutely no deposition or indication that where a well would be located. I've been to the emergency room. I just have a very large scrape which will most likely leave me with a large scar. My question: Does it make sense, given that I have not broken or bruised anything, to hold the municipality liable?

Lawyer

I advise you to hold the municipality liable. In addition to material damage, such as the deductible of the health insurance, you can also claim compensation for pain and suffering. However, keep in mind that in general the compensation for pain and suffering awarded in the Netherlands is relatively low.

Questioner

Thank you for your quick response! I have now notified my legal expenses insurance. This does indicate that it may become difficult because, according to them, a graze does not fall under injury. Mind you, without them even having seen a picture of me. Is that reasoning actually correct? In any case, my intention was to claim the deductible on my health insurance. Yours sincerely.

Lawyer

A graze is also considered an injury, but if it is just a graze that heals without scarring, the damage is very minor and there is therefore little point in claiming compensation.

Questioner

Thanks again for your quick response! It is not possible to determine in advance whether a graze will heal without scarring. Recently, I suffered a graze wound in the middle of my forehead at work. This has remained a noticeable scar. And I thought then, oh well, that will go away. Never thought it could last. That is my direct face, but That gave me the reason to do something with it now. Due to the fall into the pit I now have a fairly deep planer of 11cm long by 6cm wide under my left breast. My main concern is that I can claim back my deductible costs from my health insurance. Yours sincerely,

Lawyer

In general, it takes a few months, sometimes up to a year to see if a graze also gives a permanent scar. If that is not the case, then you should see the compensation for pain and suffering more as compensation for inconvenience. A small amount. If the damage only remains at the deductible of the healthcare costs, then I would sooner consider not holding the municipality liable. Experience has taught me that insurers of the municipalities often react with difficulty. Before you know it, you end up in a discussion that can last for months. And it is questionable whether the damage is worth it. Another alternative is to submit the deductible of the healthcare costs to the employer. After all, you fell during working hours. I do not mean that you are going to hold the employer liable. It is more a request for a lenient attitude from the employer. It is possible that he feels morally obliged to pay the healthcare costs and the damage is settled. Success.