Liability and Joint Ownership: Discover Your Rights

Questioner

We have a shared ownership with a number of residents in our neighborhood for a stretch of street between our houses and the parking lot. Now I would like to know about possible liability if someone were to walk across our property and suffer injuries due to, for example, a poorly maintained street. And is there anything that can be done about this, for example by placing signs or something? To what extent can we as residents be held liable.

Lawyer

The owner(s) of the surface are also liable for consequential damage. Consequential damage is damage that results indirectly from a damaging event. Consequential damage is distinguished from direct damage: the financial loss that is directly caused by the damaging event, ex lege art. 6: 95 BW. For example, the damage caused by the extinguishing water in a fire. The fire did not directly cause this damage, but the water damage is a consequence of the fire. In liability law, the term consequential damage is frequently used. In insurance, compensation for consequential damage is often excluded. Therefore, you must all take care of safety. You could, if possible, place a sign for entering at your own risk.

Questioner

If you put up a sign, enter at your own risk, are you then exempt from any liability, consequential damages or whatever?

Lawyer

You can then all appeal to a 50% compensation, unless it is plausible that there is a form of own fault. Hence, the sign 'enter at your own risk'. Complete exclusion of liability is not permitted by law, but you can limit it with this.