Road defects
It may happen that you trip due to a loose paving stone.
This is very annoying for you. You may have damaged your clothing or phone, or even worse, you may have been injured. It may also happen that you suffer damage to your motor vehicle due to a defect on the road.
The municipality must properly maintain the sidewalk
In many cases the municipality is responsible for a sidewalk. The municipality must ensure that the sidewalk is properly maintained. However, municipalities cannot be expected to immediately repair every irregularity. Municipalities do not have the (financial) resources to perfectly maintain all roads and sidewalks. Municipalities are expected to regularly check the quality of sidewalks and roads.
As a pedestrian you must pay close attention
A certain level of care can be expected from municipalities. On the other hand, you are expected to pay close attention. Small imperfections/defects on a sidewalk are acceptable. If the sidewalk looks crooked, you as a pedestrian should look carefully where you are walking.
When can you hold the municipality liable?
The municipality is liable for the damage you have suffered if it has had the opportunity to restore the dangerous situation. If someone has deliberately removed a paving stone, for example due to vandalism, you cannot hold the municipality liable.
Damage to your motor vehicle due to a defect on the road?
You have suffered damage to your car due to a defect in the road surface or something that was on the road. In general, you can hold the road authority liable for this, but not always. We will explain it to you below.
When does the road authority pay for your car damage?
You are driving on a road and you hit an obstacle on the road. The obstacle has fallen from a motor vehicle or the obstacle is debris from a damaged traffic island. The road authority can be held responsible for the damage to your car. But the road authority can get around this. The road authority must be aware of the obstacle or debris on the road. The roads in the Netherlands are not monitored 24/7. That is why the road authority must have the option to repair the defect in the road or remove the obstacle. Is the road authority aware of the lack or obstacle, but does he not take any action? The road authority has then breached his duty of care that applies to a road authority. You can then report your damage to the road authority. We can help you with this. â–
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