Liability, Insurance & Transport

Being in business also means taking risks. You might take some risks unconsciously, but the consequences can be severe if you are held liable. Additionally, you will not always be able to see how far your liability extends. And, as the person who insures the related risks, do you actually know when you are liable? Are you, for example, (jointly) liable if an independent contractor you engage causes damage to third parties? Also at a company party? Or is the employer responsible for the damage if an employee is knocked off his bicycle by a car? And does it matter where the employee was cycling to? In this type of situation, does ‘all-in’ mean that the insurance covers ‘the workplace’ as well as ‘the obligations of being a good employer’?

If you plan to build a new factory building or extend an existing one, will you, for example, have to study the possible environmental impact? Or can you, as the owner of what turns out to be defective goods, hold a co-owner liable for the damage that you suffer as a result?

And when can you hold supervisory directors jointly liable for their failings? The question could also be raised as to whether you can still be partially liable when it is not completely clear that damage is a consequence of something for which you are responsible. Or you can end up in a situation in which you do not only have to compensate the damage suffered by the victim, but also third parties. Liability law has widely different aspects.

If you have goods transported internationally, you can also become involved in disputes about liability. Will you, for example, receive compensation for the actual damage you suffer if something goes wrong? Which system of law is applicable and which court has jurisdiction? And even if you are only the carrier, do you still have to follow the standard rules of liability law? The situations in which you are insured could also be at issue. And whether insurance policies are interpreted in the same way as normal contracts. Answering all these questions requires specialist knowledge that we would be glad to share with you.

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