Liability of the municipality of Den Bosch | Free legal advice

Questioner

On Wednesday 27 August at 13:30 I cycled with my bike past the parade where the funfair was in Den Bosch. I cycled over the movable posts that are there so that cars cannot just enter the city centre. When I cycled over the post it just went up. I had not seen this coming because a vehicle had not just passed. The next hour when I was waiting for someone who could take me to the hospital I saw that the posts only went up again 30 seconds after a vehicle had passed. There were many cyclists who also did not notice that the posts were working that day because they also cycled over them. Fortunately without the posts going up. After about an hour I noticed that the posts went up again almost immediately after a vehicle had passed. That is how it should be. Now my toe/foot is badly bruised because of the incident, which means that I can't get by. I have to ask other people to take my son to school, can't do anything in the house and can't start my work yet. I wonder if I can hold the municipality of Den Bosch liable for this since in my opinion (and that of bystanders) the posts were not properly set that hour. I would like to hear your response.

Lawyer

If you can prove that the adjustment of the movable posts was not correct or did not function properly (witness statement?) you could consider holding the municipality liable for your damage, if necessary with a little help from a lawyer. However, as I read your story, I think that the municipality will state why you did not drive around the outside of the posts, to be on the safe side. On the other hand, nothing ventured, nothing gained. You may contact me directly if you wish.

Lawyer

If you can demonstrate that the posts did not function properly (for example through witness statements) and therefore posed a danger, you can hold the municipality liable for your damages. We recently handled such a case in the office. If you wish, you can contact me directly to discuss the case without any obligation.

Lawyer

I know the situation on the spot and I don't give you much chance, apart from the question of whether you can prove the malfunctioning of the posts. The municipality will state: you should not have cycled in the middle of the road, which is meant for cars, but on the side, safely next to the refuge island, meant for cyclists. Moreover, there is always a yellow sign during the fair that it is forbidden for cyclists and moped riders (article 55 APV). The municipality will also state that you are familiar with the local situation and therefore know that there are posts that can go up.