Liability for fencing and children - Legal advice centre

Questioner

We are a starting landscaping company and have placed a fence with a standard height of 70 cm in a backyard of the client. Now the latter indicates that this fence is not high enough, since they have a child of 2 and this fence is the boundary towards the waterfront where the garden of the client borders. After this fence (which is completely closed off from the backyard) there is first a small staircase, then a terrace/deck at the water. However, once over the fence, there is direct access to the water. Client provides the link below: https://www.veilig.nl/allesoverspelen/Omgeving/afscherming/hekken We are in agreement to replace this current fence with a higher fence. Client wants a custom fence of 90 cm high. Now the question is, to what extent are we as contractors liable for the height of this fence in combination with the location (back garden borders the waterfront) and a small child of 2 years old. We would prefer to place a higher fence (from 1 m high) (this was done by another gardener at the neighbours (children around 3 years old)). Should something happen, the client's child climbs over a 90 cm (new) fence; to what extent are we as the contractor, after installation, liable? And is there anything known in the law about safe play versus installing fences by professionals?

Lawyer

If you have promoted the fencing as being safe for small children or words to that effect, you may be held liable in the event of an accident. The same applies if you have advised to install fencing of a certain height after the client has asked for advice. If there is a question of defective material or improper installation (the fence falls over or breaks off), you are very likely to be liable in the event of an accident. In general, you are liable for defective work, defective material and incorrect advice. It is advisable to exclude liability as much as possible in the general terms and conditions and order confirmations and also to ensure that you have good business liability insurance.