Event Liability: Get Compensation for Damage

Questioner

In Monnickendam, a catering establishment organizes an annual event, this is called the KVL (abbreviation). This involves the performance of artists in the center of Monnickendam in the open air. In this centre, at the harbour, there are still a few catering establishments and there are also a few residential houses. The municipality determines which measures must be taken in the areas of traffic, safety, prevention of nuisance, etc. The organizer must also take out event insurance. Since the event is quite busy, the municipality has also determined that additional public toilets should be installed. Now I have a space in this center, approx. 60 m2 which is rented to a young couple (son of my partner) who have a kind of snack bar there. The extra toilets desired by the municipality are directly opposite the snack bar. what is happening? After a day of heavy drinking and partying, the public toilets get quite crowded with people who can't all stand straight, pushing each other or arguing, etc. Eventually someone falls through a window, causing €550 in damage. I will contact the organizer about this, but they will not accept any liability for this, and have even indicated that they did not have to take out insurance for this event. I have also requested the permit and the requirement for event insurance is clearly stated in it. I would like to achieve two things: - compensation for the damage - prevent me from running the same risk again next year. Before I contacted the event organizer, I contacted the municipality, who referred me to the event organization, resulting in the problem described. How do I hold the organizer liable, and what happens next?

Lawyer

In the case you have described, there is a wrongful act, namely the destruction of the window. I am of the opinion that the organisation of the event cannot be held liable for this. The most important basis for non-contractual liability lies in the wrongful act (Article 6:162 BW). In order to assume liability of an organiser on the grounds of a wrongful act, five requirements must be met: a wrongful act, imputability to the perpetrator, damage, causal link between the wrongful act and the damage, and relativity. The following applies with regard to the insurance obligation. The Netherlands has few legally required insurances. An organizer is therefore not legally required to take out insurance for participants or non-participants. However, the question can be asked whether an insurance obligation for an organizer arises from the social standard of care. An insurance obligation will mainly be prompted from the perspective of victim protection. After all, the presence of insurance guarantees that the victim will be compensated for (part of) his damage. (if nothing can be obtained from the organization) You indicate that the municipality has stipulated that an event insurance must be taken out. That is separate from the determination of liability. Now that the organization has apparently not taken out insurance, it is possible that the board of that organization can be held liable for damages suffered. However, the aforementioned criteria must be met. That will be a puzzle to place the facts and circumstances in the correct legal perspective. I advise you to hold the person who broke the window liable.

Lawyer

That is indeed what they call law in the books, but in practice, law in action, you can of course try to hold this organization liable with the aim of reasonable compensation. Because the damage is not really that great, I do expect an amicable settlement,

Questioner

The damage may not be that great, but nevertheless the organizer wants to know nothing about it. In fact, anyone who has damage but does not immediately grab the perpetrator by the scruff of the neck is fair game, except for the municipality itself, that is regulated in the permit, but not for the citizens. In addition, the permit is issued for five years, so prepare yourself.