Municipality Liability: Free Legal Advice

Questioner

Piles were dug out of a piece of municipal land to a depth of 8 meters, and this was only filled with sand. When I was walking across this field I suddenly sank into the sand up to my knees. When I realized what was happening I had already sunk up to my groin. I had difficulty getting out of it. I lost my shoes and had to throw away my pants. It smelled terribly. I called the municipality the next day and they immediately turned it off. I am still impressed by this, I have been sleeping badly for a few days now, I wake up with a start and I keep seeing a child walking in, because if this had happened to a child, it would have completely disappeared under the sand. Can I hold the municipality liable for the damage to clothing and shoes, and also claim compensation for what happened to me? I am not asking for a large sum of money, but compensation for the misery I am currently experiencing due to loss of sleep and chest pain when I wake up. The municipality should have known that such deep holes cannot be filled with sand alone, this is asking for trouble because with high groundwater and a lot of rain this becomes quicksand.

Lawyer

That is a difficult question, because the legal doctrine of liability is quite complicated. And must take many facts into account. I hope you have recovered a little from the shock. The fact that you informed the municipality immediately shows a good sense of responsibility. One of the things I would like to know is what you were doing there: were you passing by by chance or did you have to be there? Was it a public road (the municipality is liable as road manager if a road is not in 'good condition', as the Roads Act states), a meadow or forest or something like that (coincidentally owned by the municipality) or, for example, a building site? Etc. The answers to these questions are important in order to determine, for example, whether the municipality can be blamed. In the meantime, you can simply contact the municipality and tell them what happened to you and what it did to you. Together with the municipality, you can look for a solution.

Questioner

It is municipal land and there used to be emergency housing. According to a road construction company foreman, he warned the company that removed the poles that you cannot fill holes of 8 meters deep with sand alone because this can pose a risk of subsidence. I don't think the responsible official ever went to look, otherwise he would have stopped the work. Your question is what I was doing on the field next to our apartment building, I was flying an RC plane, the intention is for it to become a dog walking field. Thank you in advance for your response. Chris de Graaff

Lawyer

It's becoming a little clearer. If this is a construction site (and not yet set up to serve as a dog run), then I fear that you are in a much weaker position. After all, such a site is not primarily intended to receive visitors. The same applies to a vacant lot: I suspect that you can then be accused of 'entering at your own risk'. For the rest I refer you to what I noted above.

Lawyer

In concrete terms: your material damage is too small to do anything about (the benefits never outweigh the costs) and immaterial damage is always limited to low amounts in the Netherlands. Perhaps the municipality will voluntarily compensate your damage if you ask for it. You can indicate that making a site with such 'sinkholes' publicly accessible constitutes an unlawful act. To me that seems culpably careless. Will you have that chest pain examined by your GP?! I assume that this is nothing serious, but if it is otherwise, then it is a matter for which you may want to consult a lawyer.

Lawyer

If there is a dangerous situation, the municipality must place warning signs or cordon off the area. If neither of these has happened, then in my opinion the municipality is liable on the grounds of 'endangerment'. However, municipalities are often insured for liability and it is worth trying to reach an agreement in consultation with the municipality's insurer, assuming that the damage you have suffered justifies those efforts.