Liability in rental: Free legal advice

Questioner

As a private individual I rent a room to a student, this for quite some time without any problems. Some time ago something happened while cooking, the flames caught in the pan, this was caused by frying in a pan that is not suitable for this. Because the tenant and his girlfriend panicked and did not know what to do, a friend who was present took the pan from the fire and took it outside. In doing so the friend suffered injuries (burns) and damage was caused to the carpet. It is worth mentioning that a fire blanket and a fire extinguisher are present during the incident. The friend has to go to Groningen several times for recovery and skin transplantation. When he wants to recover his costs from my tenant, his insurance states that it does not provide coverage. The personal injury specialist then holds me liable on the basis of art. 6.198 BW, agency. When I present this to my insurance company, it states that it does not provide coverage. In response, I received the following letter from the personal injury specialist: With regard to the above matter, I would like to draw your attention to the following: Insurer X informed me today (see attachment) that they do not offer policy cover for your damage caused by the rental of your property on the liability insurance private individuals. Because there is no policy coverage, they do not comment on liability. Can you let me know if you also have liability insurance that does provide policy coverage for the offers commercial rental of properties, and if so, with which company? If such insurance is not available, the damage must be recovered directly from you. I look forward to hearing from you. ------------------------------------------ I cannot agree with this and I am even mentioned as the perpetrator!! Below is the letter which I have already made myself: Dear sir , In response to your letter of 15-02-2017 here is my response. To my surprise I read that you intend to recover the damage from me, I do not agree with this. I have been understanding of Mr.'s story up to now, of course because Mr. D.'s situation is extremely unpleasant. I would like to respond to the part in which you indicate that you hold me liable as a landlord. I hereby indicate that I do not recognize any liability for the following reasons: - As a landlord I have not been negligent in providing the correct fire-resistant materials, as I have previously informed you, there is a fire blanket and a fire extinguisher in the kitchen; - There is no question of my fault as a landlord; - There is no question of negligent building; - The conflict is officially between Mr D and Mr A (tenant at the time), in which they deliberately created a dangerous situation by frying in a pan that was not suitable for this purpose; With this I would like to end our contact and wish to be removed as the “guilty” party. I also wish Mr. D much strength in his recovery. Yours faithfully, --------------------------------------------------------- I would like to hear your advice in this matter.

Lawyer

I agree with you that you are not liable for the damage. In principle, there is no question of agency for you, but for your tenant. He is responsible for the fire. In addition, there must be a proper representation of the interests. In this case, there is no question of this, as there was a fire blanket and a fire extinguisher. They should have been used. The risk taken by walking through the house with a burning pan is far too great. There is therefore no question of agency because the necessary care must be exercised in the observation and that did not happen in this case. In addition, as I understand it, you are only renting out 1 room and, contrary to what the lawyer suggests, there is no commercial rental of homes.