Damage caused by poor road surface: hold the municipality liable?
Imagine this: you are suddenly driving through a deep pothole in the road. You suffered damage due to poor road surface. Can you now hold the municipality liable? Depending on the circumstances of the case, this is indeed an option. But what should you take into account? And what is the procedure for holding the municipality liable for bad road surface? We will go into it further for you in this article.
Holding municipality liable for bad road surface: you can always make an attempt
Although the municipality is a public body, you also always have the option of initiating liability proceedings. Whether the proceedings are successful is, of course, a second question. Have you suffered significant damage to your car? Is this, in your opinion, due to bad road surface? Then you can always try to hold the responsible municipality liable. But how should you proceed?
What are the procedures for holding municipality liable?
You believe that the municipality is liable for the damage you suffered to your car, due to poor road surface. Of course, it is important to find out which municipality is responsible for the road surface. It could just as well be that the road where you have suffered damage falls under provincial responsibility. Have you found the person responsible? Then follow the next steps:
- Contact the relevant municipality and explain the situation.
- Ask for the forms you need to fill out before starting the procedure.
- Attach a companion piece with further explanation and supporting documents (photos, for example).
After you submit these documents, the municipality will issue what is known as an "administrative decision. This means that if you disagree with this decision, you can file an objection with the same municipality. Is the decision on objection still not wanted? Then, of course, you are free to start proceedings in the administrative court. Once you have come this far? Then enlist the help of a lawyer to be on the safe side!
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Can I claim liability from the municipality due to poor road surface?
A municipality has maintenance obligations. For example, they must ensure that the road surface is in good condition and that an open section of a road is neatly cordoned off. This is established in the following law:
Article 6:174 paragraph 1 BW
The possessor of a building which does not meet the requirements which may be set for it under the given circumstances, and thereby causes danger to persons or property, shall, when this danger materializes, be liable, unless liability based on the preceding section would have been lacking if he had known of this danger at the time of its occurrence.
The municipality must maintain the road properly so that dangerous situations do not arise for road users. If this does happen, you may be able to hold the municipality liable for overdue maintenance.
Situations of force majeure municipality: no compensation for damage bad road surface
Before you invest time and effort in a liability suit, it is a good idea to discuss the following points. Can the municipality prove force majeure with respect to the road surface? Then in many cases, you can count on the fact that there will be no compensation. Here are some examples of force majeure in this context:
- Lack of financial resources: did the municipality not have the financial resources to fix the road surface at that location? If so, in some cases this can be considered force majeure.
- Driver's own responsibility: was there a warning of bad road surface on location and did you act accordingly? Then this is also a force majeure situation.
- Lack of time: the damage to the road surface may have only just been caused. Did the municipality, in all fairness, not yet have time to resolve the situation? If so, the liability suit may not succeed.
In any case, try to make sure that you are not the enabler of the "force majeure argument. So above all, adhere to all indicated traffic warnings regarding road surfaces!
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