Liability Lawyer

Liability under Dutch law means you must compensate damage caused by a breach of contract or by an unlawful act. We act for companies and individuals who claim damages, or who are held liable themselves, in commercial and contractual disputes. The first step is a free introductory meeting in which we assess the facts, the contract and the damage. We do not handle personal injury claims.

Clients rate Law & More 9.6 out of 10 on Klantenvertellen, the Dutch review platform (81 reviews, as of October 2026).

What can we help you with?

• holding a supplier, contractor or business partner liable for a breach of contract;
• defending against a claim for damages or a formal notice of liability;
• claims based on an unlawful act, such as misleading statements or infringement;
• drafting and reviewing limitation of liability clauses in contracts and general terms;
• liability of directors towards the company or its creditors;
• involving your liability insurer and dealing with its position;
• settlement negotiations and civil proceedings about damages.

When are you liable for breach of contract?

You are liable for breach of contract if you fail to perform and that failure is attributable to you. Usually, the other party must first give you a final term to perform in a notice of default.

Under Article 6:74 of the Dutch Civil Code, every failure in the performance of an obligation obliges the debtor to compensate the resulting damage. This does not apply if the failure cannot be attributed to the debtor, for example due to force majeure under Article 6:75. You can read Book 6 of the Civil Code on wetten.overheid.nl (in Dutch).

Default usually requires a written notice of default (ingebrekestelling) under Article 6:82. It is not needed if performance has become impossible, a fatal deadline has passed, or the debtor has said it will not perform. In those cases, the debtor is in default straight away.

When are you liable for an unlawful act (tort)?

You are liable for an unlawful act if you violate someone's right, breach a statutory duty or act contrary to generally accepted standards of care. Other requirements are attributability, damage, a causal link and that the breached rule protects the person harmed.

The basis is Article 6:162 of the Dutch Civil Code. Under Article 6:163, the rule that was breached must also aim to protect against the damage suffered. Liability can also arise without personal fault. An employer is liable for faults of employees under Article 6:170, and the possessor of a defective movable thing under Article 6:173. Read more in liability: when are you responsible for damage.

Directors' liability

Directors can be personally liable towards the company for serious mismanagement, under Article 2:9 of the Dutch Civil Code. Towards creditors, liability usually requires a serious personal blame. See internal directors' liability explained.

Which damage can you claim?

You can claim financial loss and lost profits that are causally connected to the breach or unlawful act. The court can reduce the compensation if the injured party contributed to the damage.

Under Article 6:96 of the Dutch Civil Code, damage includes reasonable costs to establish damage and liability, and certain extrajudicial costs. Article 6:98 limits compensation to damage that can reasonably be attributed to the event. Under Article 6:101, compensation is reduced in proportion to the injured party's own contribution. Statutory interest under Article 6:119 generally runs from the moment the damage arises.

You must substantiate and, if disputed, prove the damage. Collect invoices, correspondence and expert reports early. Read more in claims for damages.

How long can you wait to claim?

A claim for damages generally becomes time-barred five years after you became aware of both the damage and the liable person. In any event, it lapses twenty years after the event that caused the damage, under Article 3:310 of the Dutch Civil Code. A written interruption restarts the five-year period.

How can you limit your liability?

You can limit liability in your contract or general terms, for example by capping the amount or excluding indirect damage. A limitation cannot be relied on if that would be unacceptable under the standards of reasonableness and fairness, as with intent or gross negligence.

Common clauses cap liability at the contract value or the amount paid out by your insurer. Others exclude consequential loss or set a short period for reporting claims. In general terms, a clause can be voidable under Article 6:233 of the Dutch Civil Code if it is unreasonably onerous. Towards consumers, Articles 6:236 and 6:237 list clauses that are, or are presumed to be, unreasonably onerous.

A limitation clause only works if it is part of the contract. General terms must be accepted and made available to the other party in time. Read more about limitation of liability and the role of liability insurance.

What do you do when you are held liable?

Do not admit liability and do not pay before checking your contract, your insurance and the facts. Report the claim to your liability insurer without delay, because late reporting can jeopardise cover.

Check whether the other party gave a proper notice of default and whether a limitation clause applies. Check also whether the damage was caused by something within your sphere of risk. Respond in writing and in good time, and keep all relevant documents. A careful first response often determines how the dispute develops.

How does working with Law & More work?

1. Introductory meeting: free of charge. We discuss the facts, the contract and the damage.
2. Advice and cost estimate: we assess liability, the amount of damage and your chances, and estimate the costs.
3. Approach and negotiation: we send or answer the notice of liability and negotiate with the other party or the insurer.
4. Procedure or completion: we start or defend civil proceedings, or record a settlement.

What does a liability lawyer cost?

We work on an hourly rate that we agree with you in advance. The rate for a lawyer is 250 to 350 euros excluding VAT, and for a partner 300 to 400 euros excluding VAT.

The introductory meeting is free of charge. A one-off advice meeting without further assistance costs 300 euros including VAT. External costs, such as the court fee (griffierecht), bailiff's costs and expert reports, are charged separately. Legal aid exists through the Legal Aid Board (Raad voor Rechtsbijstand), but we do not work on that basis.

Who handles your case?

Your case is handled by one of our lawyers; you will hear who in the introductory meeting. See our team page and our contract lawyer page.

Frequently asked questions

What does a liability lawyer do?

A liability lawyer assesses whether someone must compensate damage under a contract or because of an unlawful act. We send or answer notices of liability, negotiate with the other party and insurers, and litigate if needed. We handle commercial and contractual liability, not personal injury claims.

Do I always need to send a notice of default?

Usually, yes, before the other party is in default for breach of contract. A notice is not needed if performance is impossible, a fatal deadline has passed or the other party has said it will not perform. When in doubt, send one, because a missing notice can defeat your claim.

Can I exclude all liability in my general terms?

You can limit liability considerably, but not without bounds. A clause cannot be relied on for intent or gross negligence, and it must have been properly agreed. Towards consumers, many exclusions are considered unreasonably onerous. A cap linked to your insurance cover is a common, balanced solution.

How long do I have to claim damages?

Generally five years after you became aware of the damage and the liable person, with an absolute limit of twenty years after the event. Specific rules apply in some areas, such as consumer sales. Interrupt the limitation period in writing if negotiations take long.

Should I tell my insurer about a claim against me?

Yes, and quickly. Most liability policies require prompt reporting and forbid you from admitting liability without the insurer's consent. Late reporting can reduce or exclude cover. The insurer may then also handle or fund the defence. Send the insurer a copy of the claim and all relevant correspondence.

Do you handle personal injury claims?

No. We do not handle personal injury cases, such as claims after a traffic accident or an accident at work. For those, you need a firm that focuses on personal injury. We focus on liability between companies and in contractual relationships, such as defective performance, misleading statements and directors' liability.

In doubt about your position? Tell us about your situation. We will let you know within one working day what your options are. Use our contact form, call +31 40 369 06 80 or e-mail info@lawandmore.nl.

Law & More, Marconilaan 13, 5612 HM Eindhoven (+31 40 369 06 80) and visiting location Pietersbergweg 291, 1105 BM Amsterdam (+31 20 369 71 21). Available Monday to Friday 08:00-22:00, Saturday and Sunday 09:00-17:00.

This page provides general information and does not replace advice on your specific situation.