Liability for damage caused by thresholds | Legal aid centre

Questioner

Dear LS, We live on an 'island' with 28 houses. 2 rows of houses and in the middle parking space and around this a road to be able to drive around. The middle terrain is owned (is fixed in the purchase deed) so that the maintenance (paving, planting, lampposts and the sheet piles) is in-house. A vvb has been set up for this and notarized. Each house makes a monthly contribution. As so often, cars are driven too fast, by visitors, delivery services and residents. the idea has been put forward to place very high rubber thresholds to slow down the speed. *Suppose that damage is caused to a car by these speed bumps and it cannot be proven that the car was driving too fast. *if someone (adults or playing children) falls off a bicycle, roller skates, etc. and suffers (permanent) injury. Who can be held liable for these damages and can any damages be recovered? I think this is very important to know before such drastic measures are taken. Thank you in advance for your response.

Lawyer

In principle, the joint owners are liable for the damage, unless the contract states otherwise. It is possible that the VVE will arrange the liability issue differently and may have limited it. If the damage cannot be proven, in principle no compensation will be paid. This will have to be proven by the victim. For more information or assistance, please feel free to contact me directly and without obligation.