Liability insurance for a shop
In a shop the customer walks in of their own accord. That makes the floor, the shopfront and the item supplied the three places where a liability claim arises.
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In brief
The most common risk is a customer falling: a wet floor in the rain, a curled mat edge, a crate in the walkway. Liability follows from Article 6:162 of the Dutch Civil Code, and where the cause lies in the premises themselves — a broken tile, a loose stair rail — the strict liability in Article 6:174 of the Dutch Civil Code applies to the possessor of the structure. That same article also affects your shopfront: a sign falling down, a canopy coming loose or an awning that hits a passer-by.
If you rent the shop premises, there is a second layer. Fire, water or glass damage to the premises rented does not automatically fall under the AVB; the tenant's liability clause is needed for that. The fit-out that belongs to you is insured on business contents insurance. And damage caused by the delivery van falls under motor insurance, not under the AVB.
For the goods sold, the product liabilityapplies. If you sell an item that causes injury or property damage, you can be held liable. If you import from outside the EU yourself, you count as the producer under Article 6:185 of the Dutch Civil Code. What is never included: the the product itself, theft and shrinkage — that is not liability but a matter for your contents and stock cover — and pure financial loss, such as a complaint about wrong advice at the point of purchase.
This page deals with one situation. The full overview is on Compare public and employers' liability insurance (AVB).
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Help with claims
We report the claim and monitor how it is handled. In urgent cases you can reach us on the emergency line.
What to look out for
Four points on which a shopkeeper is assessed after a loss.
The floor is your biggest risk
Slippery floors and obstacles in the walkway cause most injury claims in retail. Insurers ask about your cleaning regime and the use of warning signs. Record cleaning rounds. In a claim under Article 6:162 of the Dutch Civil Code that record is the difference between liability and a rejected claim.
Shopfront, canopy and pavement
As possessor of the structure you are liable under Article 6:174 of the Dutch Civil Code for defects, even without fault. Advertising columns, displays on the pavement and an extended awning belong to that risk. If you are a tenant, liability may rest with the owner; set out in the lease who does which maintenance.
Staff at the till and in the stockroom
Lifting, cutting while unpacking, climbing to high shelves and aggression from customers produce your employees' injury claims. Article 7:658 of the Dutch Civil Code requires you to show what measures you took. Holiday and agency workers fall under the same duty of care through subsection 4, even where the contract sits elsewhere.
What you sell sticks to you
For damage caused by an item sold you can refer to the producer, provided you can name them within a reasonable period. If you cannot, you are treated as the producer yourself. The value of the item itself and the costs of a recall fall outside the AVB and call for separate recall cover.
What does your premium depend on?
- Turnover: the usual basis in retail
- Range of goods: food, electronics and children's products weigh more heavily
- Payroll and number of employees: decisive for employers' liability
- Shop floor area and visitor numbers: more members of the public means more chance of injury
- Whether the premises are rented or owned: this determines whether tenant's liability cover is needed
- Own delivery or installation at the customer's home: work at the customer calls for wider cover
Insurers weigh these details differently. That is where your saving is.
What is covered
| Situation | AVB | BAV |
|---|---|---|
| A trolley rolls off your loading bay into a parked car | Yes | No |
| A changing room mirror comes off the wall and falls on a customer | Yes | No |
| Your delivery driver damages the customer's stair rail while positioning a sofa | Yes | No |
| A coat you held in safekeeping for a customer disappears from your stockroom | No | No |
| You recommend a boiler that is too small and the customer has to have the installation redone | No | Yes |
| Cleaning product leaks from a pallet and attacks the poured floor of the premises you rent | Provided that | No |
Damage to your own property and to property temporarily in your keeping falls outside both policies.
Frequently asked questions
This is what people ask us most.
A customer slips at the entrance. Am I liable?
That depends on what you could have done. In rain a shopkeeper is expected to lay mats, mop in good time and warn. If you fail to do so, there is carelessness within the meaning of Article 6:162 of the Dutch Civil Code. If the cause lies in the premises themselves, for example a broken threshold, the strict liability in Article 6:174 DCC applies and no fault is needed.
Is theft from my shop covered?
Not on liability insurance. Shoplifting and stock losses are damage to your own property and not liability towards a third party. For that you need contents and stock insurance, possibly with cover for money and valuables. The AVB only comes into play once you cause damage to a customer or to their property.
Who pays for damage to the rented shop premises?
Only with the tenant's liability clause does that damage run through your AVB. Without that section you stand alone for fire, water or glass damage to the premises you rent, while the owner does hold you liable. Ask expressly for this cover when you apply and match the amount to the floor area rented and the nature of the building.
What if an appliance sold causes a fire at the customer's home?
The damage to the customer's home and contents is liability damage and can fall under the product section of your AVB. The appliance itself remains excluded, as do the costs of recovering a whole series. If you can identify the producer or the EU importer, liability in principle moves to that party.
Every situation is different. For these situations we have a separate page.
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