Municipality liability for damage to home

Questioner

Good evening, After several traffic counts by various authorities, it appears that the dike in front of our house has to handle 80% more traffic every day than the maximum amount for which the road is suitable. This concerns a dike in the middle of a village where the maximum speed is 50 km per hour. At times when it is quieter, people also drive a lot too fast, mainly by heavy agricultural vehicles and trucks. Our house from 1880 is located directly on this dike and has therefore suffered greatly. This is mainly visible in cracks in the walls as well as in the floors. Even when heavy vehicles pass by, the vibrations can be felt throughout the house. Can I hold the municipality liable for this damage?

Lawyer

In principle, it is possible to hold the municipality liable, whether the municipality will ultimately be liable depends on many factors, including: when did the damage occur and at what point do you hold the municipality liable, how sound is your home, is it well maintained, have you ever asked the municipality to take traffic measures, etc. Your positions regarding the occurrence of the damage and the suitability of the road must be substantiated by expert statements. In short, it is possible to hold the municipality liable, but it will most likely be a complicated and lengthy procedure. You cannot conduct such a procedure yourself, you need a lawyer for this. There may be more residents who are dealing with the same problems, in which case you can possibly jointly engage a lawyer. In anticipation of a possible procedure, you can enter into consultation with the municipality, with or without the residents, to find a solution to prevent further damage. The attitude of the municipality in such a consultation may also influence the course of the procedure, particularly if the municipality makes statements in such a consultation from which it can be inferred that it is responsible for the damage.