Liability and insurance

The saying “everyone is responsible for their own damages” is the starting point of the law on liability.

However, there are many exceptions to this general rule and the consequences can be the responsibility of another party. GMW lawyers can advise and negotiate on all matters involving liability.

Liability

In the majority of cases in which liability is assumed, it concerns a failure on the part of a person or object. For example, this could be an employer who plays a role in an industrial accident, a governmental authority which has made an error in zone planning or a manufacturer who has produced a product which does not work. In car crashes or other unlawful acts there can also be a reason to claim compensation. It is possible that you are asked to compensate damages because something went awry.

Failure is not the only requirement for liability. The relationship to the damage is also important. The right to compensation exists when a failure can be demonstrated and this failure can be attributed to someone. This may not always be self-evident.

Advising, mediating, negotiating and litigating

GMW lawyers can examine the limits of liability in your specific case. We advise, mediate, negotiate and instigate proceedings in cases involving liability and issues involving insurance, and can assist all the parties who may be involved in these cases, from an employer or importer to a producer or self-employed professional.

Proving liability is often a difficult matter. We can determine whether there has been a failure which could be qualified, for example, as an unlawful act or breach of contract. Also, we will examine who is responsible for which damages and who can be held liable. We can also advise you on the best steps to take and we can play a role in the negotiations or in mediation. If this results in legal proceedings, we will promote your interests in a practical and businesslike way.

Insurance law

Insurance law is a related subject in which GMW lawyers is specialised. Has your insurance been rejected, do you disagree with obligatory measures to limit risks or are you not being paid compensation? If your insurance company is refusing cover because of fraud or a failure to disclose, GMW lawyers can help you.

Our starting point is to prevent lengthy proceedings. However, if proceedings cannot be avoided, we rely on our extensive experience in this area.

More information

GMW lawyers will be happy to help you with all your company and business litigation issues. If you have any questions, please contact us directly using the enquiry form below or +31 (0)70 3615048. Our company law lawyers will be glad to support and advise you.

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