Liability
- Cables and pipes
- Damage to buildings
- Injury to bystanders
Venieri machines in the Netherlands mainly work on agricultural and mixed yards, and there you meet risks that exist on no building site: livestock, slurry pits and feed.
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Venieri builds wheel loaders and backhoe loaders which here mainly do yard work: moving feed, loading manure, compacting silage and filling lorries. A farmyard is not a building site. Animals walk about, suppliers arrive, and there are buildings and floors that were never designed for heavy working traffic. The losses you cause here therefore have a completely different character.
For liability that difference is visible in law. Article 6:179 of the Dutch Civil Code places liability for damage caused by animals on the possessor, even without any blame. If you work on someone else's yard and livestock escapes because of what you did, two liabilities run alongside each other: that of the livestock farmer for his animals and yours for your own conduct.
On top of that, almost everything you can damage on a yard belongs to the client: fencing, housing fittings, feed silos, silage slabs and the floors you drive over.
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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 and theft of the machine, including inherent defect.
What comes into play with breakdown and transport.
What is covered
| Situation | Covered |
|---|---|
| Theft from the building site | Sometimes |
| Fire and storm damage | Yes |
| Inherent defect in the hydraulics | Sometimes |
| Damage to cables and pipes | Sometimes |
| Normal wear and tracks | No |
| Damage due to deferred maintenance | No |
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.
If you leave a gate open or drive animals along with a machine running, livestock can escape. If they reach the road and a collision follows, the damage is many times greater than the animals themselves are worth. Article 6:179 DCC places liability for the animal on the possessor, but under Article 6:162 DCC you can be held liable for your own negligence. Record agreements about gates and access in advance.
Agricultural floors are designed for livestock and for a tractor, not always for a loaded wheel loader. If a slatted floor or a pit cover gives way under your machine, the result is not only own damage but also danger from slurry gases. The owner can be held liable under Article 6:174 DCC for a defective structure, but the blame lies with you if the load limit was known. Ask in advance about the permitted axle load and record the answer.
If hydraulic oil or diesel leaks into a feed passage, a silage clamp or a drinking water system, the material damage is small and the consequential loss large: animals lost, veterinary costs, forced disposal and a blocked milk supply. This is pure consequential loss and it is not included without restriction in every liability cover. Check how your policy deals with damage arising from your work on the client's products.
A machine standing in a livestock building or implement shed brings fuel, batteries and hot components with it. If a fire starts, the animals lost, the destruction and clearance costs and the farmer's business interruption loss together run to many times the value of your machine. Insurers therefore ask where the machine is kept and about the separation between machinery and animal housing. Keeping it indoors with the livestock is a question of acceptance for some companies.
Parts come from Italy; expect longer delivery times.
Not every company applies the same policy for this make. With unusual versions, the question is not what it costs but who will accept it.
This is what people ask us most.
The possessor of the animal is liable under Article 6:179 of the Dutch Civil Code for what the animal does, but if you left the gate open or drove the animals on, you can be held liable under Article 6:162 DCC for your negligence. In a collision with escaped livestock those claims mount up considerably. Agree on access and gates before you start.
You then have own damage to the machine and possibly injury from escaping slurry gases. Who bears the loss depends on what was known: the owner can be held liable under Article 6:174 DCC for a defective structure, but if you drove over a floor not designed for it despite a warning, the blame lies with you. Ask in advance about the permitted load.
That is consequential loss arising from your work and runs through the liability cover. Note that not every policy includes pure consequential loss without restriction, while the costs of animals lost, the vet and a blocked supply mount up quickly. Have it checked in advance whether your cover fits work in livestock farming and what limit goes with it.
Usually it is, because that is damage to a third party's property. The exception is the part you are working on or that was in your care: in many policies a care, custody and control exclusion applies to that. So if you are demolishing old housing fittings to order, damage to that item falls outside cover. Have that boundary established in advance.
Every situation is different. For these situations we have a separate page.
Request a quote without obligation. We will look at which insurer best matches your activities and your risk.
Prefer to call? 072 - 509 24 56, weekdays 09:00–17:00.
Claim on the road? Emergency line 06 - 55 20 40 72.
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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