Third-party liability for plant and machinery
- Compulsory on public roads
- Also during work
- Cables and pipes separately
On a scissor lift there is a person at height, and that moves the centre of gravity of the policy from physical damage to employer's liability and the inspection requirement.
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A scissor lift is lifting equipment used to work at height. Its own-damage value is limited in relation to what can go wrong: a platform that overturns, a sprinkler pipe that is struck or a fall from the working platform. The policy therefore consists of own-damage cover, liability and, where the machine is hired, cover for the hire company's equipment.
Two legal threads run through everything. Injury to the operator falls under Article 7:658 of the Dutch Civil Code: as the employer you have to show that you gave instruction, chose the right machine and required fall protection in the platform. Also, the inspection obligation for lifting and hoisting equipment under the Working Conditions Decree applies, with an inspection record kept with the machine.
If you hire the platform in, the hire agreement often transfers the risk to you in full. Your own policy then has to insure that hired plant expressly, otherwise you stand liable for the full replacement value. The structure of the cover is set out on the plant and machinery insurance.
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Get coveredThe structure of the cover in three parts, with an overview per situation below.
Damage you cause to others with the machine.
Damage to the machine, the body and the attachments.
What you add separately.
What is covered
| Situation | Third-party liability for plant and machinery | Own-damage cover |
|---|---|---|
| Damage to a building or a parked car next to the site | Yes | No |
| Theft of the machine from the building site | No | Provided that |
| Fire and storm damage | No | Yes |
| Inherent defect in the hydraulics or the engine | No | Provided that |
| Damage to the item you are working on with the machine | No | No |
| Wear and deferred maintenance | No | No |
Mobile plant is a motor vehicle within the meaning of the WAM and needs third-party liability insurance on public roads; non-mobile plant does not. Damage to cables and pipes is generally only covered if the excavation notification has been made and the trial trenches have been dug. The item you work on with the machine falls under the care, custody and control exclusion.
This overview is general in nature and is not personal advice. What is actually covered, including exclusions, limits and the excess, is set out in the policy conditions and the insurance card (verzekeringskaart) of the insurer; you receive both before you take out cover. Taking out cover without advice? Then read what execution only means for you.
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Four points that make the difference between a policy that pays out and one that does not.
Scissor lifts overturn on a slope, over an unfilled trench, on a manhole cover or on a floor that will not take the point loading of the wheels. If it is established that the tilt indicator had been bypassed, or that the machine was driven with the platform extended where that is not allowed, that counts as deliberately departing from the operating instructions and the own-damage claim is excluded. Assess and document the ground before setting up.
Indoor work produces the most expensive third-party damage: a sprinkler pipe that is struck floods a whole hall, a cable tray that is driven into brings a production line to a standstill. The water damage is damage to property and is covered, but the business interruption losses of the client that follows from it is often restricted or excluded. Work in spaces with sprinklers and installations only with a work plan agreed in advance and a marked height limit.
The Working Conditions Decree requires periodic inspection of lifting and hoisting equipment. If the inspection is missing when an accident occurs, your defence under Article 7:658 of the Dutch Civil Code is practically hopeless and the insurer can refuse the physical damage claim as well. The same applies to failing to require or wear a harness where one is prescribed. Keep the inspection report, proof of instruction and toolbox talk records together for each machine.
Every machine has a maximum wind speed in the instruction manual; continuing to work above it is an independent ground for exclusion. Also excluded are wear of tyres, hydraulic hoses and batteries, damage caused by overloading the platform, and damage arising because the machine has been used as a crane to lift loads. With hired plant the excess in the hire agreement also applies, which can differ from the one on your policy.
For higher values, insurers require a tracker and agreements on where the machine is kept outside working hours.
Blades, teeth, cutting edges, tracks and tyres are wearing parts and are not insured anywhere; only sudden damage is covered. Deferred maintenance is also a ground for exclusion. A demonstrable maintenance regime with a logbook is therefore not only good management but also strengthens your position in a claim.
This is what people ask us most.
As the employer you are first in line. Under Article 7:658 of the Dutch Civil Code you have to show that you chose the right machine, gave instruction and required and enforced fall protection. If you cannot, you are liable, including where the employee was careless themselves; only intent or wilful recklessness on the part of the victim breaks that. This runs through your employer's liability, not through the own-damage cover.
Only if you have insured the hired plant section. The hire agreement places the risk of damage, theft and often loss of hire income with the hirer. Without that section you bear the replacement value yourself. Note the excess the hire company applies as well: that is separate from the excess on your own policy and can be considerably higher.
You are then in breach of the Working Conditions Decree and you seriously weaken your position. Where there is injury, the missing inspection is held against you immediately under Article 7:658 of the Dutch Civil Code, and insurers use it as a ground to refuse the physical damage claim too, for breach of the operating instructions. The inspection record should stay with the machine, including when it is moved between projects.
No. A scissor lift is people-lifting equipment and not a crane. Hanging material on the railing, lifting a load outside the platform or having someone haul something up from the platform is use contrary to its intended purpose. If damage or injury results, the cover is excluded and you remain liable yourself for the consequences to third parties and to your own staff.
Every situation is different. For these situations we have a separate page.
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Finass Verzekert is a trading name of Finass Advies B.V. We advise on and arrange non-life insurance on the basis of an objective analysis of several insurers, and receive commission for this from the insurer, which is included in the premium. You pay no separate advice fee. Before you take out cover, we establish your wishes and needs.
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This page was compiled by Finass Verzekert. Last updated on .
The information on this page is general in nature and is not personal advice.
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