Liability for Personnel Theft - Legal Advice

Questioner

Last week I worked at a location in Amsterdam. I work for an agency as a freelancer and they send me out for various assignments, so to speak. This was also the case last Monday. The assignment was in a catering establishment in Amsterdam. We could leave clothing and belongings in a secure space (with a code lock). To get to the space, you first had to go through another secure door. That evening my phone was stolen from the secure space. Who can I hold liable for this?

Lawyer

The contractor and/or and/or the fitter of the building if the safety of your belongings could not be guaranteed.

Lawyer

If it has been established that the catering company has been negligent and it is their fault that your phone was stolen despite the secured space, then you can hold them liable. If they refuse this liability, then you can hold the ZZP company liable. If you need any assistance with this, you can contact me directly and free of charge for consultation.

Questioner

Safety would in principle be guaranteed since only the staff had access to the space... The staff of the location, that is. So it is almost inevitable that someone from the staff took the phone. How does that work?

Lawyer

As you put it, it seems that despite the secure space, the catering company can be held liable for the theft. However, you would have to come up with hard evidence, but that makes it difficult. Only when it is established that one of the employees is responsible, then you can hold the employer accountable. The same applies to the ZZP company. I suggest that you write a letter to the catering company, stating that you were required to leave your telephone in a secure area and that no one other than the staff had access to this area.