Gardener Liability: Step-by-Step Guide

Questioner

Good morning, In July 2013 we had our garden done by a certified gardener. He agreed. Also replaced the pipes/hoses that ran to the outside taps in the crawl space. Unfortunately, in May 2014 we discovered that there was a huge leak. At the place of the couplings the water sprayed out. Now we have tried to recover through our insurance and the insurance of the gardener, but both do not want to pay out. Our insurance does not because the hoses that were used should not have been used and the insurance of the gardener does not want to pay out because he is not insured for this damage. We are now a bit stuck. Can we hold him personally liable? And what is the best way to do that? Thank you in advance for your time

Lawyer

I understand that it has already been established that the gardener did not do his job properly. In that case, you can hold the gardener liable. You can do that by sending a registered letter in which you hold him liable for the damage. You can find an example of such a letter on this site.

Lawyer

Yes of course that is possible! It is up to the gardener whether he wants to cover his business risk with a comprehensive insurance, if he does not do so he is liable for damage resulting from a breach of contract. You must therefore put the gardener in default and offer him the opportunity to replace the defective products or, if possible, repair them. You must also hold him liable for the consequential damage resulting from a failure to comply with obligations from the assignment/contract because he used the wrong materials. You give him two weeks to compensate your damage and to repair the situation, after which default follows and you can also charge statutory interest or, for example, engage a third party at his expense. If you wish, I can assist you with writing the aforementioned letter.

Lawyer

Of course you can hold the garden company liable and in default. The fact that they are not insured for this matter is not your problem. Hold the gardener liable and in default by registered letter. See http://www.rechtswinkel.nl/documenten/22/sommatie-en-ingebrekestelling-nakoming-overeenkomst.html for a sample letter written by me. If necessary, please feel free to contact me for consultation.