Liability for Loss of Lease Bus Keys

Questioner

My employer requires me to use a lease bus for work travel. This bus is parked in front of my house. I recently locked the bus but unfortunately lost the key. Am I now liable for the damage caused by making copies of the car key, alarm transmitter and remaining keys? Loss was of course not intentional. Damage approximately 300,-

Lawyer

Often the damage remains the responsibility of the employer. You are liable for damage if that damage was caused intentionally or by 'deliberately reckless action'. However, your employer must prove that there was actually deliberate reckless action. If the employer cannot prove this, you usually do not have to compensate the damage. Article 7:661 BW: the employee who, in the performance of the agreement, causes damage to the employer or to a third party to whom the employer is obliged to compensate for that damage, is not liable to the employer in that respect, unless the damage is a consequence of his intent or deliberate recklessness. The circumstances of the case, also taking into account the nature of the agreement, may result in something other than that stated in the previous sentence. Intent or conscious recklessness means engaging in risky behavior, while you know what the risks are or while you should have known. It is about knowingly and willingly accepting the chance of an accident/damage. Your fault must be so serious that the shortcoming of your employer in his duty of care is negligible. This also follows from case law. You yourself indicate that there is no question of intent. The employer passing on a claim for damages to you will probably have little chance of success. It is not easy for an employer to demonstrate that there was intent or conscious recklessness. It must also be taken into account that it can happen, losing keys. The aspect that the lease bus was parked in front of your home and whether you were working at the time must still be considered. However, if it is normal practice for you to have the lease bus parked in front of your home, your employer will also be liable for the damage. It is best to check whether there are additional agreements regarding damage suffered, caused by an employee. Such matters are stated in the company regulations, the collective labor agreement or employment contract. An employee must of course adhere to these rules, but these rules must meet the following conditions: • Company policies must be in writing and made known to all employees • The employee must be able to insure himself against this damage. If this possibility is not available, the employer remains liable for the damage • If the employee is insured and a deductible applies, the employer remains liable • If the employee with a low income has to pay a high amount of damages, this may be unreasonable. In short, the applicable rules may not exceed reasonableness. If the conflict persists, the judge will decide whether there was intent or reckless behavior.

Questioner

If my employer holds me liable, I will tell him. Thanks for the quick and clear response.

Lawyer

No problem. If your employer does not agree, you can ask me a follow-up question of course. But hopefully it will all be resolved for you without any problems.