Aansprakelijkheid van de bedrijfsmatige gebruiker
|PhD ceremony:||mr. A. (Arvin) Kolder|
|When:||May 31, 2018|
|Supervisors:||prof. mr. dr. M.H. (Mark) Wissink, prof. mr. dr. F.T. (Fokko) Oldenhuis|
|Where:||Academy building RUG|
Liability of the operator of a business
About the application of Art. 6:181 of the Dutch civil code (BW)
The refusing brakes of a car or bicycle, collapsing buildings, the release of dangerous substances, kicking horses or biting dogs. All mostly unexpected, but almost unavoidable events in our society that can cause a lot of damage. The Dutch legislator considers defective movable things and constructed immovable things, dangerous substances and animals as sources of an elevated risk of sustaining damage, and therefore several provisions of strict liability were introduced. Whenever damage is caused, it is the legislator’s goal to clarify against whom the aggrieved party can bring an action for damages. At the same time, it needs to be clear to persons who are or might become liable under what circumstances they will be liable. This clarity enables them to take account of the liability and, if they so desire, take out insurance for it.
However, everyday practice shows that this two-fold goal has not been achieved. All too often it is still unclear who would be liable and whom aggrieved parties can approach for damages. This PhD thesis about the strict liability of the person who uses defective movable things (Art. 6:173 BW) and constructed immovable things (Art. 6:174 BW), dangerous substances (Art. 6:175 BW) or animals (Art. 6:179 BW) in the course of a business under Art. 6:181 BW, aims to provide the desired clarification. On the basis of many examples relevant to legal practice, more clarity is created about aspects of liability and insurance in the event of damage caused by these various ‘sources of an elevated risk’. Therefore, this PhD thesis is relevant to anyone who practices liability and insurance law.