Law of liability

Liability and damages

The saying ‘each of us bears his own suffering’ is the basis of the law of liability. However, there are many exceptions to this basic rule where the consequences can be attributed to someone else.

GMW lawyers advise, mediate, negotiate and litigate on all matters of personal liability. The law of liability falls under civil law but also touches on criminal and administrative law. In the overwhelming majority of cases where liability is found, the issue is some deficiency on the part of individuals or companies. Consider the case of an employer who is involved in a workplace accident or work-related illness, a mistake by the government in a development plan, or a manufacturer who delivers a faulty product. Road traffic collisions and unlawful acts can also give rise to compensation claims. What’s more, you can’t break an omelette without breaking eggs. You yourself could be on the end of a compensation claim because something hasn’t worked out. Deficiency is not the only criterion used to determine liability. The right to compensation for damages exists where a link can be shown to a deficiency and that deficiency can be ascribed to somebody. This is not always self-evident. Insurance companies are often involved in processing compensation claims. This can give rise to problems, as questions about the extent of insurance policy coverage and the responsibilities of insurers frequently come up.

Settlement

GMW lawyers can investigate on your behalf where the legal boundaries lie. We advise, mediate, negotiate and litigate on issues of liability and insurance and can represent all parties involved in cases of this kind, from employers or importers to producers and independent professionals, or a party who suffers injury in the private sphere. Proving liability is often a difficult matter. Is an incorrect analysis deficient? Should a user manual state that an appliance should not be used for 48 hours continuously? And where does individual responsibility begin and end? We can determine on your behalf whether a deficiency can be identified, such as an unlawful act or breach of contract. We can look at who can be held responsible and liable for any damages. We can also advise you on the best steps to take and play a role in negotiating or mediating. Should judicial proceedings ensue, we will represent your interests in a practical and professional manner.

 

FAQ


Lawyers

Peter van Eijk
Glenn Kerver

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