Attacks on business premises: the legal position for entrepreneurs

The Netherlands has seen a marked rise in explosions and shootings directed at business premises and homes. For the entrepreneur affected, the criminal investigation is only part of the problem: the practical questions are about the building, the staff, the insurance and, in some cases, an order from the mayor closing the premises.

The criminal side

Causing an explosion is a serious offence in its own right, and where there is danger to persons the maximum penalties are severe. Attempted arson and the possession of heavy fireworks or explosives carry substantial sentences as well. Investigations of this kind frequently focus on the perpetrators who placed the device rather than on those who commissioned it, which is why the position of an injured entrepreneur in the proceedings is worth taking seriously.

As an injured party you can join the criminal proceedings and claim your loss there rather than in separate civil proceedings, and you can exercise the right to speak at the hearing. Both require preparation and documentation of the loss.

Closure of the premises by the mayor

This is the consequence entrepreneurs least expect. Where premises are the target of an incident, a mayor can order closure to restore public order and to protect the surrounding neighbourhood. The measure is directed at the location rather than at fault, so a business that did nothing wrong can find itself closed for weeks or months.

Such an order is an administrative decision, and it can be challenged: an objection to the mayor and, where the matter is urgent, an application for interim relief to the administrative court. The proportionality of the measure and its duration are the points on which these cases are argued, and speed matters because the damage accrues daily.

Employees and the duty of care

An employer must provide a safe working environment, and after a violent incident that duty becomes concrete: a risk assessment that reflects the new situation, security measures where necessary, and support for staff affected. An employee who is unable to work as a result is on sick leave with the ordinary reintegration obligations, and an employer that ignores the psychological consequences of an incident exposes itself both to a claim and to a much longer absence.

Insurance

Cover is the practical battleground. Property policies commonly respond to explosion and fire damage, but business interruption cover, the treatment of consequential loss, and exclusions relating to criminal activity or to a known threat all need to be checked against the specific policy. Where an insurer relies on a duty of disclosure or on an exclusion, that position can be examined rather than accepted; the burden of establishing an exclusion rests on the insurer.

Report the incident promptly, document everything before repairs begin, and keep the loss records from day one.

Advice

We assist entrepreneurs after an incident on all of these fronts: the position as injured party in the criminal case, objections and interim relief against a closure order, obligations towards employees, and disputes with insurers. Please contact Law & More.