Injury to guests · terrace · alcohol
Liability insurance for a café
In a bar the risk lies in the public itself: people who drink, push, dance and sit on a terrace bordering the public road.
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Deze pagina in het Nederlands: Aansprakelijkheidsverzekering voor een café.
The calculator and the quote form below are in Dutch. Prefer to do this in English? Email info@finassverzekert. nl or call 072 - 509 24 56 and we will take it from there.
Work out for yourself what it would cost.
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- We compare the offerings of several insurers
- An adviser checks whether the cover suits your activities
- We arrange the switch, including cancellation
A premium indication, not personal advice. Prefer to talk it through? Call 072 - 509 24 56.
In brief
Public and employers' liability insurance (AVB) covers injury and property damage that you, your staff or your premises cause to guests and neighbours. In a bar that loss comes from a small number of recurring sources: a slippery floor by the bar or the toilets, a staircase to the basement without a proper handrail, a bar stool or table that gives way, a glass that breaks in someone's hand. Where there is a defect in the building or in fixed elements such as an awning, terrace floor or balustrade, Article 6:174 of the Dutch Civil Codeapplies: the possessor is liable, even without fault of their own.
The terrace deserves a rule of its own on the application form. Parasols, terrace screens and heaters that blow over or fall over lead to injury to passers-by and to damage to parked cars. Insurers often impose conditions on these, such as anchoring and bringing them in at a given wind force. A gas heater or fire pit can fall under a separate naked flame clause; if that is missing, fire damage can remain outside cover. See the liability insurance for the hospitality trade as well for the sector-wide explanation.
Three things fall outside the AVB. First, intent: if a member of staff or a door supervisor throws someone to the ground, Article 7:952 of the Dutch Civil Code excludes damage caused by intent or recklessness, and the victim still comes to you. Second, fines under the Alcohol Act or the licence conditions. Those are a punishment and not compensation. Third, guests' coats and bags in the cloakroom: those are in your care, which triggers the care, custody and control exclusion. For disputes with the landlord or the council there is legal expenses insurance the appropriate route.
This page deals with one situation. The full overview is on Compare public and employers' liability insurance (AVB).
What to look out for
Four points that are more often decisive in a bar file than the sum insured.
Violence, door supervisors and the intent exclusion
A scuffle at the door is a real scenario in this trade. If your staff act deliberately, the loss is excluded. If you hire in a security company, the injured party can still hold you liable under Article 6:171 of the Dutch Civil Code for the mistakes of that non-subordinate. Ask the security company for a policy schedule of its own and record the procedure for incidents in writing.
Serving on and the duty of care towards guests
The Alcohol Act prohibits serving people who are clearly drunk and minors. If you breach that and the guest is then injured, it strengthens a claim under Article 6:162 of the Dutch Civil Code. The administrative fine imposed is never insured itself. Only the victim's personal injury can fall under the cover.
Rented premises and the beer dispensing system
Most bars are in premises that are rented or taken from the brewery. Ask expressly, therefore, for tenant's liability for fire and water damage to the premises rented. A leaking pipe above an adjoining shop or flat can lead to substantial damage to property, and that does not automatically lie with the owner.
Staff behind the bar
Cuts from glassware, a slippery floor behind the bar and lifting kegs are the usual causes of injury to staff. Under Article 7:658 of the Dutch Civil Code you have to show that you have arranged instruction, footwear and an up-to-date risk assessment; through subsection 4 that applies to agency workers and casual workers as well.
What does your premium depend on?
- Turnover and opening hours: late-night venues weigh more heavily than a daytime bar
- Terrace area: more people on the public road means more risk
- Payroll and number of employees: the measure for employers' liability
- Presence of security staff: your own door supervisors or a company hired in
- Music, dance floor and events: live performances raise the risk from the crowd
- Sum insured and excess: per claim and per insurance year
Insurers weigh these details differently. That is where your saving is.
What is covered
| Situation | Basic | Extended |
|---|---|---|
| A guest slips on a wet floor by the bar and breaks a wrist | Yes | Yes |
| A terrace screen blows over and lands on a parked car | Provided that | Yes |
| A pipe behind the bar leaks and the rented premises suffer water damage | No | Yes |
| A coat with a wallet in it disappears from the unattended cloakroom | No | Provided that |
| Your door supervisor knocks a visitor down at the door | No | No |
| The council imposes a fine after an inspection of serving to minors | No | No |
Extended here means a policy on which tenant's liability and guests' property are insured separately.
Frequently asked questions
This is what people ask us most.
A guest falls down the stairs to the toilet. Who bears that?
That depends on the condition of the stairs. If a handrail is missing, the lighting is broken or a tread is worn, there is a defective structure within the meaning of Article 6:174 of the Dutch Civil Code and liability is likely. If the guest was simply careless, contributory fault can reduce the payment. The insurer assesses that and conducts the defence.
Are coats and bags from the cloakroom insured?
Not as standard. As soon as you take guests' belongings into safekeeping, you have them in your care and the care, custody and control exclusion applies. A sign excluding liability helps only to a limited extent. It does not protect you against every claim. If you do want to cover this, ask for separate cover for third parties' property or run an attended cloakroom with its own conditions.
Does the AVB cover loss from noise nuisance to neighbours?
Complaints about nuisance usually lead to an order with a penalty payment or to civil proceedings about nuisance. As long as there is no injury or physical damage, it is pure financial loss and fines, and those fall outside the AVB. Legal expenses insurance (rechtsbijstandverzekering) is the appropriate cover for conducting such proceedings. The cost of sound insulation you bear yourself.
What if my premises have to close after a fire?
The AVB only pays for third parties' losses, not for your own loss. Business interruption insurance is intended for the loss of turnover during repairs; business contents insurance for the fittings and the dispensing system. Always report a loss in good time: Article 7:941 of the Dutch Civil Code requires you to do so as soon as you are reasonably aware of it.
Read more
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