Tort · Article 6:162 of the Dutch Civil Code · strict liability
What is third-party liability?
Statutory liability is the obligation to compensate damage you cause to someone else. That obligation arises from the law and not from an agreement.
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The main rule
Article 6:162 DCC provides that a person who commits a wrongful act that can be attributed to them must compensate the damage. Five elements are needed: a wrongful act, attributability, damage, a causal link and relativity.
In plain terms: you did something you were not allowed to do, it can be held against you, there is damage, that damage results from your conduct, and the rule you broke exists precisely to protect against this kind of damage.
Liable even without fault
There are forms of strict liabilities in which blame plays no part. Article 6:174 DCC makes the possessor of a defective structure liable, even if they knew nothing about it. Article 6:179 DCC does the same for the keeper of an animal.
Also product liability works like this: anyone who supplies a defective product is liable, whether or not they made a mistake.
Contractual or statutory
Alongside statutory liability there is contractual liability: you fail to keep to an agreement. That is a different basis, with its own rules on notice of default and default itself.
A liability policy normally covers statutory liability, not the extra obligations you took on by contract.
What this means for your cover
If something happens, do not admit liability; that assessment is for your insurer. And do not assume you owe nothing because you did nothing wrong — with strict liability that is no defence.
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Frequently asked questions
The questions we are asked most often about this.
What is third-party liability?
The statutory obligation to compensate damage you cause to someone else, usually on the basis of Article 6:162 of the Dutch Civil Code.
Can I be liable without being at fault?
Yes, under strict liability, for example for a defective structure or an animal.
What is the difference with contractual liability?
Contractual liability arises from an agreement you fail to keep; an AVP or AVB normally covers only statutory liability.
May I accept liability?
Better not; that assessment is for your insurer, and you could commit them to something that is not correct.
Which forms of strict liability are there?
Among others, for structures, animals, defective products and subordinates.
Does my policy cover contractual penalties?
Usually not; those are a matter of your own choice and fall outside the cover.
What is covered and what is not
Liable and also insured?
| Situation | Liable | Covered on the policy |
|---|---|---|
| A loose roof tile falls on a parked car while you knew nothing about the defect | Yes | Yes |
| Your cat claws the neighbours' leather sofa | Yes | Yes |
| Your fifteen-year-old son and his friends wreck a bus shelter | Yes | No |
| After a row, you deliberately damage your neighbour's car | Yes | No |
| You miss an agreed completion date and have to pay a penalty | Yes | No |
| You give a friend a tip that costs him money, with no injury or damaged property | Provided that | No |
Being liable and being insured are two separate questions; only the policy answers the second.