{"product_id":"vragen-1203-een-bedrijf-heeft-bij-het-klussen-aan-ons-huis-zwart-werk-schade-bij-de-buren-veroorzaakt-zowel-h","title":"Liability for DIY: Your Questions Answered","description":"\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n A company caused damage to our neighbours while doing odd jobs on our house (black work). Both the company and we have been held liable. Are we liable for any damage? (Unfortunately, we do not have liability insurance.)\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e \nYes, you are the client of the company that carried out the job and can under certain circumstances be held liable for the damage in addition to the contractor. What is important in this respect is whether the damage was foreseeable, whether there was consultation with [plaintiff] about possible risks and whether research was carried out to determine whether harmful effects could be expected from the intended activities. The fact that you paid the contractor in cash does not prevent the contractor from also being liable.\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e \nYou are legally (art. 6:162 BW) only liable if there is an error attributable to you and caused by you. It must be demonstrated that you acted in violation of a legal obligation or were careless. It must also be demonstrated that this error is attributable to your fault or is your responsibility under the law or generally accepted views. This is not automatically the case in all cases. The person who holds you liable must be able to substantiate with concrete facts what, in his or her opinion, your unlawful conduct (the error that you allegedly made and that could be attributed to you) consisted of. I find no starting points for this in your description.\n \nYou may also be held liable as the owner of a building (your house) if it does not meet the requirements that may be set for it in the given circumstances and therefore poses a danger to persons or property (Article 6:174 BW). Think of falling roof tiles. Here too, it must be demonstrated that it was defects in your house that caused the damage to your neighbours. I cannot find sufficient starting points for this in your description.\n\n As for the damage to the neighbours, it must be demonstrable that the damage was caused by you or the company that worked on your house. There must be a direct causal link.\n \nUltimately, the person who did the work at your home and who apparently caused the damage to your neighbours is liable. In the event that your neighbours hold you liable, it is advisable that you demand that the company and the employee who (each separately) did the work at your home indemnify you in court against any liability and any resulting damage.\n\n","brand":"Rechtswinkel.nl","offers":[{"title":"Default Title","offer_id":55018359882077,"sku":"","price":0.0,"currency_code":"EUR","in_stock":true}],"url":"https:\/\/www.rechtswinkel.nl\/en\/products\/vragen-1203-een-bedrijf-heeft-bij-het-klussen-aan-ons-huis-zwart-werk-schade-bij-de-buren-veroorzaakt-zowel-h","provider":"Rechtswinkel.nl","version":"1.0","type":"link"}