Municipality Liability: Need Legal Assistance?


Questioner

Today my horse got into a hole in the ground with her leg. This was a plastic tube of about 20cm diameter and 1 meter deep. This hole was not visible because there was grass over it. The hole was right next to the bridle path. Can I hold the municipality liable for this and how do I do this?

Lawyer

In principle, you can hold the municipality liable. The damage must be attributed to the municipality. Sufficient evidence is required for this. I advise you to seek legal assistance in this regard, because determining liability can sometimes be difficult. If liability is acknowledged, you can claim your damage together with the legal costs to be incurred from the municipality. So it will not cost you anything. If you wish, please contact me directly and free of charge for assistance and consultation.

Lawyer

First of all, I am curious to know how your horse is doing at the moment and whether you were able to get the necessary help and care in time. Was your horse injured? Did you yourself also suffer injuries? In short, were you faced with additional costs as a result of the fall? These additional costs can be considered damages. In certain cases, the municipality as road manager is indeed liable for defects on the road that pose a danger to a road user in normal road behaviour, if that danger leads to damage. For example, you can think of a hole in the road, as happened in your situation, but also an obstacle on a cycle path. You can hold the municipality liable by letter. I advise you to seek legal assistance in holding the municipality liable. If you have any questions or comments, please feel free to contact me.

Questioner

My horse and I both suffered damage as a result. My horse has 3 wounds, 1 of which was 15 cm dimmer. The vet was able to be there quickly and the horse was stitched up. The horse landed on my foot due to the panic, which caused the nail of my big toe to come loose. I am now not allowed to do anything for a week. And therefore cannot work either. It happened in Zoetermeer, is it wise for me to seek legal assistance locally?

Lawyer

This means that you yourself have also suffered personal injury. Is there a loss of earning capacity? Is your salary paid during illness? In any case, I advise you to make a good overview of all costs and evidence (e.g. receipts and invoices) and also to take photos of the accident scene, the hole and the pipe, etc.

Lawyer

In addition to damage to the horse itself, you have also suffered damage and can claim this damage from the municipality. As my colleague indicates, you would be wise to seek legal assistance. I work in the Zoetermeer area. If you would like, I can discuss with you, free of charge and without obligation, what I can do for you. Please feel free to contact me for this.

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