Taxi Driver Liability: What to Do?

Questioner

First of all, thank you for the quick response to my previous question. I have one more question: If you're employed as a taxi driver and, for example, you cause damage while reversing without intent, can your employer hold you liable, or does this fall under business risk? Such damage can occur and is evident from continuous participation in traffic.

Lawyer

This depends on what you have agreed with your employer in the employment contract or what a collective labor agreement (if any) stipulates about this. If no arrangements have been made between you, the risk for this type of damage lies with the employer.

Lawyer

I disagree with the above answer. Employers may not recover damages caused by an employee from them unless there is intent or gross recklessness. Deviations from this are only possible by agreement (provided the employee is insured). The relevant article of law is listed below. Article 7:661 of the Dutch Civil Code 1. An employee who, during the performance of the agreement, causes damage to the employer or to a third party to whom the employer is obligated to compensate for such damage is not liable to the employer in this regard, unless the damage is the result of their intent or deliberate recklessness. The circumstances of the case, taking also into account the nature of the agreement, may result in a situation other than that stipulated in the previous sentence. 2. Deviation from paragraph 1 and from Article 170, paragraph 3, of Book 6 to the detriment of the employee is only possible by written agreement and only to the extent that the employee is insured in this regard.