Injury is in principle covered by public and employers' liability insurance, but the deliberate act exclusion comes into play immediately. What is decisive is how the policy deals with lawful and proportionate action and whether a separate provision has been included for it. Have this expressly put forward when you apply; arguing afterwards about the scope of the exclusion is a poor starting position.

The possessor of the structure carries the strict liability in Article 6:174 of the Dutch Civil Code. For a manager that means: damage from a pothole, a loose slab or a broken post is for the organisation's account, even without any blameworthy conduct. A record of inspections and maintenance is therefore the most important file you can keep.

If employers' liability is included, it can be. The insurer tests whether you complied with your duty of care under Article 7:658 of the Dutch Civil Code: de-escalation training, a lone working protocol, aftercare and recording of incidents. Without that evidence the position is weak. Report an incident in good time, because Article 7:941 DCC requires notification as soon as you know about it.

Directors and supervisory board members of legal entities, including foundations and associated bodies, can be sued in a private capacity for improper performance of their duties. Such a claim concerns financial loss and is not covered by the organisation's liability insurance. There is directors' and officers' liability insurancefor that, which also bears the cost of defence.