Liability of self-employed persons: What to do?

Questioner

I work as a mobile hairdresser and am registered as a self-employed person with the Chamber of Commerce. I have not taken out any further insurance. Some time ago I applied bleach to a client's hair. About 6 to 7 weeks later, during a subsequent visit, they confronted me with 2 round light spots in the wooden floor. I was informed that the spots were noticed in the evening, approximately 6 hours after painting. Then they started scrubbing themselves. I did not see any spillage during the painting. I also do not know with what means the stains were tried to be removed. 6 weeks later I was told that it must have been caused by me. Can this customer hold me liable for this damage to their floor?

Lawyer

If it is determined that you caused this damage, then you will have to compensate for this damage (this is therefore an equivalent floor). It is wise to take out liability insurance (note: it does not have to be private insurance). You indicate that it is a paint that caused the damage. What I advise you is to contact the supplier and ask what can happen if you spill something on such a floor. I have no knowledge of this. Perhaps you can hold the supplier liable yourself, but I do not have sufficient knowledge of the facts for that.

Lawyer

If it is established that you caused the damage, then you will indeed have to compensate the damage. The question is whether you are liable. It is of course strange that you were only informed after 6 to 7 weeks. This makes it impossible for you to determine whether you caused the damage. You can take the position that the other party must prove that you caused the damage. If the other party cannot prove this, then you do not have to compensate the damage. If you are liable, this does not mean that you have to pay for a completely new floor, unless the floor was new. First, it must be determined whether the floor cannot be repaired. If this is not possible, you must reimburse the current value. If the floor has been there for a number of years, the new price must be considered, the expected lifespan. If a normal floor lasts ten years and has been there for five years, the floor is halfway through its lifespan and you must therefore reimburse the new value x 50%. I do advise you to take out business liability insurance. You can also face high claims in your situation. Contact a good insurance broker for this.