Personal injury due to a fall on the street

Claiming damages for injury caused by a fall on the street

Tripping while walking the dog or on the way to the supermarket—it happens to everyone. With a bit of luck, the damage is limited to a bruise or a scratch, but if you're unlucky, the damage is more serious and you could break a hip or worse.

The personal injury lawyers at Hardt Advocaten offer expert legal support to help you explore your options and, where possible, claim compensation.

Legal support throughout the Netherlands

As your expert partner for personal injury claims, we serve victims nationwide. With offices in Amsterdam and Utrecht, we offer nationwide coverage and will visit you at home if necessary. Our experience in successfully claiming personal injury damages makes us a leading name in the industry.

Hardt Advocaten is proud to hold the National Personal Injury Quality Mark, a prestigious recognition that emphasizes our commitment to quality and professionalism. This quality mark, awarded by the Dutch Personal Injury Council (De Letselschade Raad), reinforces our reputation as a reliable and expert entity within the personal injury sector.

Hardt Advocaten was founded with the goal of supporting victims of personal injury and providing the best possible legal help. With our in house lawyers, we can assist you from start to end.

Municipality's duty of care

The municipality has a duty of care. This means it must ensure safe public roads and spaces. The municipality is obligated to maintain roads, cycle paths, and footpaths to prevent dangerous situations for users. Protruding paving stones must be straightened, any broken sections of road must be properly cordoned off, and the road surface must be kept in good condition.

Did the municipality breach its maintenance obligation and have you suffered personal injury, for example, by tripping over a paving stone? Then you may be able to hold the municipality liable for breaching its duty of care.

Personal responsibility

The municipality cannot always be held liable if you suffer personal injury, for example, from a sidewalk. As a pedestrian, you are also expected to be attentive.

In the case of sidewalk tiles, height differences of 3 centimeters or more are considered serious. If you suffered personal injury after tripping over a sidewalk tile that protrudes less than 3 centimeters, you may be at fault. This 3 centimeter limit is not a hard and fast limit, but a guideline from which deviations are permitted. Each case is assessed individually, and the facts and circumstances of the specific case are always taken into account.

Time to fix the defect

In most cases, the municipality can only be held liable for your personal injury if they've had time to repair the defect. If a manhole cover has been removed by vandals and you trip over it immediately, it's difficult to hold the municipality liable. After all, the municipality hasn't had the opportunity to fix the problem.

However, if you trip over a paving stone that's been sticking out for a while, and the municipality has had sufficient time to straighten it, or if the municipality was warned some time ago that the stone is loose, there's a good chance we can claim damages for your injuries from the municipality.

Claim damages

To a certain extent, you, as a pedestrian, are expected to be attentive. Therefore, the municipality is not liable for all falls that occur on public roads.

In the case of a protruding paving stone, height differences of 3 centimeters or more are considered serious. If you tripped over a loose paving stone and the height difference was less than 3 centimeters, you may be at fault. However, this is not a hard and fast rule, but a guideline. All facts and circumstances of the specific case are always taken into account.

Furthermore, the municipality must have had time to repair the defect. If a manhole cover is removed by vandals and someone immediately trips over it, it's difficult to hold the municipality liable. After all, they didn't have enough time to repair the defect. If the danger has existed for a considerable period of time, or if the municipality has been warned (repeatedly) and had sufficient time to remedy the defect, the chances of successfully holding the municipality liable are very high.

The following requirements generally apply to liability.

Under Article 6:162 of the Dutch Civil Code, the municipality, by virtue of its general duty of care regarding the safety of road users, may be held liable for the presence of (unsafe) objects on the road. The following criteria are relevant:

1. How likely can the failure to exercise the required attention and caution (of others) be considered?
2. How likely is it that this non-compliance will cause accidents?
3. How serious could the consequences be?
4. How onerous are the security measures to be taken?

The road manager is responsible for ensuring the good condition of the public road, including the road structure and road equipment. The manager is liable for any deficient condition of the public road. For liability under Article 6:174 of the Dutch Civil Code, it is important that the road is public, that there is a building, and that there is a defect that creates a hazard.

Claim damages for personal injury caused by a fall on the street

Have you suffered personal injury due to a sidewalk or another defect in a public road or space and want to hold the municipality liable? We'll work with you to file a claim.

It's important to gather as much evidence as possible to prove you fell on the street, how you fell, and that the municipality is responsible for your fall. Therefore, take photos of the scene as soon as possible and ask any witnesses for their information so they can corroborate your story. In the case of a poorly placed paving stone, it's important to measure the difference in height compared to the other paving stones.



Compensation for personal injury caused by a fall on the street

Your compensation for injuries sustained as a result of a fall on the street can consist of several components. You may be entitled to compensation for (medical) expenses and lost income, as well as for pain and suffering (non-pecuniary damages). There is no limit to the damages you can receive. All adverse consequences and costs that you would not have incurred without the accident are eligible for compensation.

Examples include:

• Lost revenue
• Medical expenses
• Domestic help required as a result of the accident
• Loss of self-reliance (jobs in, on and around the house that can no longer be carried out independently after the accident and for which assistance must be hired, such as gardening or painting)
• Compensation for pain, sorrow or reduced enjoyment of life

This list is not exhaustive – so please contact our personal injury lawyers. They will work with you to identify your damages so you receive the compensation you're entitled to.

Personal legal assistance

Specializing in personal injury

Active throughout the Netherlands

Hardt Advocaten: Expert legal assistance in the event of personal injury due to a fall on the street

Personal and legal assistance in the event of personal injury due to a fall on the street

Hardt Advocaten offers more than just legal support; we also provide personalized guidance throughout the entire recovery process. Our approach is holistic, addressing both the physical and emotional impact of the accident. Our goal is not only to seek financial compensation but also to support your recovery and well-being.

Working together towards a new future

At Hardt Advocaten, we believe in building a new future together with our clients. Our team works closely with you to develop a recovery plan focused not only on the present but also on the long term. This includes establishing goals for physical and psychological recovery and finding ways to achieve them, in harmony with your life and ambitions.

The role of Hardt Advocaten in your recovery process

Every personal injury case begins with a story. Your experience deserves our full attention. Together, we'll map out the relevant events, taking into account the financial, physical, and emotional consequences of your injury.

At Hardt Advocaten, we are inspired and driven by our core values: Helpfulness, Attention, Results-Orientedness, Expertise, and Transparency (HARDT). Our mission is to help you move forward, toward a future where your well-being is paramount.

Our team is ready to help you!

Suffering personal injury? We'll help you get back on track. Contact us for a free consultation.

This is how we work

I'm very pleased with Hardt's services after my motorcycle accident. I was kept informed throughout the entire process. Thanks to their dedication, I received the fair compensation I was entitled to, even though I didn't realize I was entitled to it. I recommend Hardt to anyone who needs help with personal injury cases.

Thanks again Team Hardt.